Saudi Arabia is a Middle Eastern country located on the shores of the Red Sea, Persian Gulf, and Gulf of Aqaba, bordering Jordan, Iraq, Kuwait, Bahrain, Qatar, United Arab Emirates, Oman, Yemen. The population of this country is approx 3,45,66,000 with 21,49,690 square kilometers area. The official language is English, and almost all citizens are Muslim. 85% are Sunni, the rest are mostly Shia. The state promotes Wahhabi ideology.
The constitution of Saudi Arabia is not a single document like the constitutions of other countries in the world, but rather a series of laws issued by the king at various times. In March 1992, the then king promulgated the "Basic Law". In December 1993, the Majlis ash-Shura (Shura council) was inaugurated. Political parties are banned, and no national elections have been held to date. However, in 2005, municipal elections were held in Saudi Arabia for the first time. However, women were not allowed to participate.
According to the Constitution of Saudi Arabia, the state shall provide employment opportunities to all able-bodied persons and shall enact laws to protect both employees and employers. The state is committed to eradicating illiteracy. The state shall be active in promoting public health and providing medical services to every citizen.
These are positive aspects. Now let's discuss the negative aspects.
Saudi Arabia is an Arabian Islamic state, governed by a monarchy. The king is appointed from among the approximately 7,000 members of the Saudi royal family. The king is the final authority in all matters of lawmaking, government, and the courts.
Admirable Articles of Saudi Arabia's Constitution
Basic Law
Article 15
No concessions shall be awarded or permission given for the utilization of the country's natural resources, except as permitted by the law.
Article 18
The State shall guarantee the freedom and inviolability of private property. Private property shall be not be expropriated unless in the public interest and the confiscatee is fairly compensated.
Article 28
The State shall provide job opportunities to all able-bodied people and shall enact laws to protect both the employee and the employer.
Article 30
The State shall provide public education and shall commit itself to the eradication of illiteracy.
Article 31
The State shall be solicitous for promoting public health and shall provide medical care to every citizen.
Article 32
The State shall seek to conserve, protect and develop the environment and prevent pollution.
Article 37
Houses are inviolable. They shall not be entered without the permission of their owners, nor shall they be searched except in cases specified by the law.
Article 40
All forms of correspondence, whether conveyed by telegraph, post or any other means of communication shall be considered sacrosanct. They may not be confiscated, delayed or read, and telephones may not be tapped except as laid down in the law.
The Law of the Provinces
Article 8
An annual meeting, attended by emirs of provinces and presided over by the Interior Minister, shall be held to discuss the affairs of the provinces. A report to this effect shall be forwarded to the Prince Minister by the Interior Minister.
Article 9
At least two meetings shall be held every year for governors and directors of districts to discuss affairs of the province. The meeting shall be presided over by the emir, who shall submit a report to the Interior Minister. (As amended by the Royal Decree A/21, dated 30/3/1414 H).
Article 11
Emirs of provinces, governors of governorates and directors of districts shall reside in their work areas. They shall not be allowed to leave without permission from their direct superiors. (As amended by the Royal Decree A/21, dated 30/3/1414 H).
Facts of Saudi Arabia's Constitution
Basic Law
Article 1
The Kingdom of Saudi Arabia is a sovereign Arab Islamic State.
Religion: Islam
Constitution: The Holy Qur'an and the Prophet's Sunnah (traditions)
Language: Arabic
Capital: Riyadh
Article 5
● The system of government in Saudi Arabia shall be monarchical.
● The dynasty right shall be confined to the sons of the Founder, King Abdul Aziz bin Abdul Rahman Al Saud (Ibn Saud), and the sons of sons. The most eligible among them shall be invited, through the process of "bai'ah", to rule in accordance with the Book of God and the Prophet's Sunnah.
● The King names the Crown Prince and may relieve him of his duties by Royal Order.
● The Crown Prince shall devote full time to his office and to any other duties which may be assigned to him by the King.
● The Crown Prince shall assume the powers of the king on the latter's death pending the outcome of the "bai'ah".
Article 6
Citizens shall pledge allegiance to the King on the basis of the Book of God and the Prophet's Sunnah, as well as on the principle of "hearing is obeying" both in prosperity and adversity, in situations pleasant and unpleasant.
Article 7
The regime derives its power from the Holy Qur'an and the Prophet's Sunnah which rule over this and all other State Laws.
Article 8
The system of government in the Kingdom of Saudi Arabia is established on the foundation of justice, "Shoura" and equality in compliance with the Islamic Shari'ah (the revealed law of Islam).
Article 9
The family is the nucleus of Saudi society. Its members shall be brought up imbued with the Islamic Creed which calls for obedience to God, His Messenger and those of the nation who are charged with authority; for the respect and enforcement of law and order; and for love of the motherland and taking pride in its glorious history.
Article 10
The State shall take great pains to strengthen the bonds which hold the family together and to preserve its Arab and Islamic values. Likewise it is keen on taking good care of all family members and creating proper conditions to help them cultivate their skill and capabilities.
Article 13
Education aims at the inculcation of the Islamic creed in the young generation and the development of their knowledge and skills so that they may become useful members of society who love their homeland and take pride in its history.
Article 14
All God-given resources of the country, both under and above ground, or in territorial waters, or within terrestrial and maritime limits to which the State jurisdiction extends, as well as the revenues accruing therefrom shall be owned by the State as specified by the law. Likewise the law shall specify the means to be employed for the utilization, protection and development of these resources in a manner conducive to the promotion of the State's interest, security and economy.
Article 17
Ownership, capital and labour are the fundamentals
of the Kingdom's economic and social life. They are private rights that
serve a social function in conformity with Islamic Shari'ah.
Article 23
The State shall protect the Islamic Creed and shall cater to the application of Shari'ah.
The State shall enjoin good and forbid evil, and shall undertake the duties of the call to Islam.
Article 25
The State shall be keen to realize the aspirations of the Arab Muslim nations with regard to solidarity and unity while enhancing its relations with friendly states.
Article 26
The State shall protect human rights in accordance with Islamic Shari'ah.
Article 29
The State shall foster sciences, arts and culture. It shall encourage scientific research, shall preserve Arab and Islamic heritage and shall contribute to Arab, Islamic and human civilization.
Article 44
The powers of the State shall comprise:
● The Judicial Power
● The Executive Power
● The Organizational Power
All these powers shall cooperate in performing their duties according to this Law and other regulations. The King is the ultimate source of all these authorities.
Article 45
The source of Ifta (religious ruling) in the Kingdom of Saudi Arabia is the Holy Qur'an and the Prophet's Sunnah. The law shall specify the composition of the Senior Ulema Board and of the Administration of Religious Research and Ifta and its jurisdictions.
Article 46
The judicial authority is an independent power. In discharging their duties, the judges bow to no authority other than that of Islamic Shari'ah.
Article 48
Courts shall apply the provisions of Islamic Shari'ah to cases brought before them, according to the teachings of the Holy Qur'an and the Prophet's Sunnah as well as other regulations issued by the Head of State in strict conformity with the Holy Qur'an and the Prophet's Sunnah.
Article 55
The King shall undertake to rule according to the rulings of Islam and shall supervise the application of Shari'ah, the regulations, and the State's general policy as well as the protection and defense of the country.
Article 68
The Majlis Al-Shoura shall be constituted. Its law shall determine the structure of its formation, the method by which it exercises its special powers and the selection of its members. The King shall have the right to dissolve the Majlis Al-Shoura and re-form it.
Shura Council Law
Article 1
In compliance with Allah Almighty words:
[Those who respond to their Lord, and establish regular prayer; who (conduct) their affairs by mutual consultation; who spend out of what we bestow on them for sustenance] "Shura Sura (ChapterXL11), Verse 38". And [It is part of the Mercy of Allah that thou dost deal gently with them. Wert thou severe or harsh-hearted , they would have broken away from about thee : so pass over ( their faults , and ask for ( Allah's ) forgiveness for them ; and consult them in affairs ( of moment ). Then, when thou hast taken a decision, put thy trust in Allah. For Allah loves those who put their trust (in Him)] "Al-Imran Sura (Chapter III), Verse 159".
And following His Messenger Peace Be Upon Him (PBUH) in consulting his Companions, and urging the (Muslim) Nation to engage in consultation. Shura Council shall be established to exercise the tasks entrusted to it, according to this Law and the Basic Law of Governance while adhering to Quran and the Path (Sunnah) of his Messenger (PBUH), maintaining brotherly ties and cooperating unto righteousness and piety.
Article 2
Shura Council shall hold fast to the bond of Allah and adhere to the sources of Islamic legislation. All members of the Council shall strive to serve the public interest, and preserve the unity of the community, the entity of the State and nation interests.
Article 7
On vacancy of a member position, the King shall choose a substitution and a royal decree shall be issued to this effect.
Article 10
Speaker, Vice-Speaker, Assistant Speaker and Secretary General shall be appointed and released by royal decree. Their ranks, rights, duties, and all their affairs shall be defined by royal decree.
Article 11
Prior to assumption of their duties, Speaker, members and Secretary General shall take the following Oath before the King:
"I swear to Allah Almighty to be loyal to my religion, then to my King and Country, and not to reveal any of the State's secrets, to preserve its interests and laws, and to perform my duties with sincerity, integrity, loyalty and fairness."
Article 17
Shura council's resolutions shall be submitted to the king who decides what resolutions to be referred to Cabinet. If views of both Shura Council and Cabinet agree, the resolutions are issued after the king approval. If views of both councils vary the issue shall be returned back to Shura Council to decide whatever it deems appropriate, and send the new resolution to the king who takes the final decisions.
The Law of the Provinces
Article 1
The aim of this Law is to improve the standard of the administrative work and the development in the provinces of the Kingdom. It is also aimed at maintaining security and order, and guaranteeing citizens' rights and freedom within the framework of the Sharia.
Article 6
An emir and his deputy, prior to assuming their duties, shall take the following oath before the King:
"In the name of God Almighty, I swear that I will
be loyal to my religion, then to my King and Country, will not reveal
any of the State's secrets and will protect its interests and laws. I
will perform my work in honesty, trust, sincerity and fairness."
