Legal system of Saudi Arabia
This article is part of the series:
Politics and government of
The legal system of Saudi Arabia is based on Sharia, Islamic law derived from the Qu'ran and the Sunnah (the traditions) of the Prophet Muhammad. The sources of Sharia also include Islamic scholarly consensus developed after Muhammad's death and analogical reasoning by Muslim judges. Its interpretation by judges in Saudi Arabia is influenced by the medieval texts of the literalist Hanbali school of Islamic jurisprudence. Uniquely in the Muslim world, Sharia has been adopted by Saudi Arabia in an uncodified form. This, and the lack of judicial precedent, has resulted in considerable uncertainty in the scope and content of the country's laws. The government therefore announced its intention to codify Sharia in 2010. Sharia has also been supplemented by regulations issued by royal decree covering modern issues such as intellectual property and corporate law. Nevertheless, Sharia remains the primary source of law, especially in areas such as criminal, family, commercial and contract law, and the Qu'ran and the Sunnah are declared to be the country's constitution.
The current Saudi court system was created by King Abdul Aziz, who founded the Kingdom of Saudi Arabia in 1932, and was introduced to the country in stages between 1927 and 1960. It comprises general and summary Sharia courts, with some administrative tribunals to deal with disputes on specific modern regulations. Courts in Saudi Arabia observe few formalities and the country's first criminal procedure code, issued in 2001, has been largely ignored. Decisions are made without juries and usually by a single judge. King Abdullah, in 2007, introduced a number of significant judicial reforms, although they are yet to be fully implemented.
Criminal law punishments in Saudi Arabia include public beheading, stoning, amputation and lashing. Serious criminal offences include not only internationally recognized crimes such as murder, rape, theft and robbery, but also apostasy, adultery, witchcraft and sorcery. In addition to the regular police force, Saudi Arabia has a secret police, the Mubahith, and "religious" police, the Mutawa. The latter enforces Islamic social and moral norms. Western-based human rights organizations, such as Amnesty International and Human Rights Watch, have criticized the activities of both the Mubahith and the Mutawa, as well as a number of other aspects of human rights in Saudi Arabia. These include the number of executions, the range of offences which are subject to the death penalty, the lack of safeguards for the accused in the criminal justice system, the treatment of homosexuals, the use of torture, the lack of religious freedom and the highly disadvantaged position of women.
- 1 History
- 2 Sources of law
- 3 The courts and the judiciary
- 4 Law enforcement
- 5 Major areas of law
- 6 Human rights
- 7 References
Sharia (or Islamic law) is the primary source of law in modern Saudi Arabia and is derived from the teachings of the Qu'ran and the Sunnah (the traditions of Muhammad). It was developed gradually by Muslim judges and scholars between the seventh and tenth centuries. From the time of the Abbasid caliphate in the 8th century, the developing Sharia was accepted as the basis of law in the towns of the Muslim world, including the Arabian peninsula, and upheld by local rulers, eclipsing urf (or pre-Islamic local customary law). In the rural areas, Urf continued to be predominant for some time, and, for instance, was the main source of law among the bedouin of Nejd in central Arabia until the early 20th century.
By the 11th century, the Muslim world had developed four major Sunni schools of Islamic jurisprudence (or fiqh), each with its own interpretations of Sharia: Hanbali, Maliki, Shafi and Hanafi. In Arabia, a preference for the Hanbali school was advocated by the Wahhabi movement, founded in the 18th century. Wahhabism, a strict form of Sunni Islam, was supported by the Saudi royal family (the Al Saud) and is now dominant in Saudi Arabia. From the 18th century, the Hanbali school therefore predominated in Nejd and central Arabia, the heartland of Wahhabi Islam. In the more cosmopolitan Hejaz, in the west of the peninsula, both the Hanafi and Shafi schools predominated.
Similarly, different court systems existed. In Nejd, there was a simple system of single judges for each of the major towns. The judge was appointed by the local governor, with whom he worked closely to dispose of cases. In the Hejaz, there was a more sophisticated system, with courts comprising panels of judges. In 1925, Abdul Aziz Al Saud of Nejd conquered the Hejaz and united it with his existing territories to form the Kingdom of Saudi Arabia in 1932. In 1927, the king introduced a new court system to the Hejaz comprising general and summary courts and ordered that Hanbali fiqh should be used. However, Nejd's traditional system of judges was left in place in the face of conservative opposition from the Nejd religious establishment.
After becoming familiar with the Hejaz court system in the following decades, the religious establishment allowed its introduction to the rest of the country between 1957 and 1960. Additionally, from the 1930s, Abdul Aziz created government tribunals or "committees" to adjudicate in areas covered by royal decrees such as commercial or labor law. The system of Sharia courts and government tribunals created by Abdul Aziz largely remained in place until the 2007 judiciary reforms (see below). Until 1970, the judiciary was the responsibility of the Grand Mufti, the country's most senior religious authority. When the incumbent Grand Mufti died in 1969, however, the then king, Faisal decided not to appoint a successor and took the opportunity to transfer responsibility to the newly established Ministry of Justice.
The Shia community of the Eastern province have a separate legal tradition. Although they follow Sharia, they apply the Shia Jafari school of jurisprudence to it. In 1913, when Abdul Aziz conquered the area, he granted the Shias a separate judiciary for dealing with religious and family law cases: one judge in Qatif, and one in Al-Hasa. This remained the position, with the two judges ministering to a population of around two million, until 2005 when the number of judges was increased to seven. For all other areas of law, the Shia community are under the jurisdiction of the regular Sunni courts.
Sources of law
The primary source of law in Saudi Arabia is the Islamic Sharia derived from the Qu'ran and the traditions of Muhammad contained in the Sunnah. It also includes ijma, or scholarly consensus on the meaning of the Qu'ran and the Sunnah developed after Muhammad's death, and Qiyas, or analogical reasoning applied to the principles of the Qu'ran, Sunnah and ijma.
The legal system of Saudi Arabia is exceptional in the world of Islam in that Muslim countries that retain or adopt Sharia usually determine which parts of the Sharia are enforceable and codify (and thereby modernize) them. In Saudi Arabia, the state regards uncodified Sharia in its entirety as the law of the land and does not interfere with it. It is, therefore, unique not only compared to Western systems but also compared to other Muslim countries, and is the closest system to the form of Sharia adopted in the Muslim world at the advent of Islam.
The lack of codification of Sharia leads to considerable variation in its interpretation and application. Furthermore, there is no system of judicial precedent, although Saudi judges are expected to consult six medieval texts from the Hanbali school of jurisprudence before reaching a decision. The Hanbali school is noted for its literalist interpretation of the Qu'ran and hadith. If the answer is not found in the six Hanbali texts, the judge may then consult the jurisprudence of the other three main Sunni schools or apply his independent judgment and legal reasoning, referred to as ijtihad.
Nevertheless, because the judge is empowered to disregard previous judgments (either his own or of other judges) and can apply his personal interpretation of Sharia to any particular case through ijtihad, divergent judgements arise even in apparently identical cases. There is a presumption against overturning a decision when it is based on ijtihad. This principle is crucial in two respects. Firstly, it concentrates the substance of the law in the hands of judges as, in consequence, there is a presumption that only a judge exercising ijtihad, rather than a king or a parliament, can determine God's law. Secondly, it renders a judge's decision practically immune to reversal on appeal. The role of ijtihad has led to calls for the Sharia to be codified to give clarity and remove uncertainty. As a result, in 2010, the Minister of Justice announced plans to implement a codification of Sharia law, although resistance from the religious establishment is reportedly delaying its implementation.
Royal decrees are the other main source of law but are referred to as regulations rather than laws to indicate that they are subordinate to the Sharia. Royal decrees supplement Sharia in areas such as labor, commercial and corporate law. Additionally, traditional tribal law and custom remain significant.
The courts and the judiciary
The Sharia court system constitutes the basic judiciary of Saudi Arabia and its judges and lawyers form part of the ulema, the country's religious leadership. However, there are also extra-Sharia government tribunals which handle disputes relating to specific royal decrees. Final appeal from both Sharia courts and government tribunals is to the King and all courts and tribunals follow Sharia rules of evidence and procedure.
The Sharia courts have general jurisdiction over most civil and criminal cases. At present there are two types of courts of first instance: general courts and summary courts dealing with lesser cases. Cases are adjudicated by single judges, except criminal cases if the potential sentence is death, amputation or stoning when there is a panel of three judges. There are also two courts for the Shia minority in the Eastern Province dealing with family and religious matters. Appellate courts sit in Mecca and Riyadh and review decisions for compliance with Sharia.
There are also non-Sharia courts covering specialized areas of law, the most important of which is the Board of Grievances. This court was originally created to deal with complaints against the government, but currently also has jurisdiction over commercial and some criminal cases, such as bribery and forgery, and acts as a court of appeal for a number of non-Sharia government tribunals. These administrative tribunals, referred to as "committees", deal with specific issues regulated by royal decrees, such as labor and commercial law.
The Saudi system of justice has been criticized for being slow, arcane, lacking in some of the safeguards of justice and unable to deal with the modern world. In 2007, King Abdullah issued royal decrees with the aim of reforming the judiciary and creating a new court system. The reforms have yet to be implemented in full but, once they are, will include the creation of a Supreme Court and the transfer of the Board of Grievances' commercial and criminal jurisdictions to a restructured general court system. New specialist first instance courts will be established comprising general, criminal, personal status, commercial and labor courts. The Sharia courts will therefore lose their general jurisdiction to hear all cases and the work load of the government's administrative tribunals will be transferred to the new courts. Another important change is the establishment of appeal courts for each province. It has been claimed that the reforms will establish a system for codifying Sharia and incorporating the principle of judicial precedent into court practice.
The capabilities and reactionary nature of the judges have been criticized. The main complaint reportedly made by Saudis privately is that judges, who have wide discretion in interpreting the Sharia, have no knowledge, and are often contemptuous, of the modern world. Reported examples of judges' attitudes include rulings banning such things as the children’s game Pokémon, telephones that play recorded music, and sending flowers to hospital patients. Saudi judges come from a narrow recruitment pool. By one estimate, 80% are from Al-Qassim province, the conservative religious heartland of Saudi Arabia in the center of the country. Senior judges will only allow like-minded graduates of select religious institutes to join the judiciary and will remove judges that stray away from rigidly conservative judgments.
In 2009, the King made a number of significant changes to the judiciary's personnel at the most senior level by bringing in a younger generation. For example, as well as appointing a new Minister of Justice, a new chairman of the Supreme Judicial Council was appointed. The outgoing chairman was known to oppose the codification of Sharia. The king also appointed a new head of the Board of Grievances and Abdelrahman al-Kinya as the first chief justice of the new Supreme Court.
The police department of the Saudi Ministry of the Interior is divided into three forces: the regular police, secret police and the religious police. The Department of Public Safety is the official name of the regular police force and handles most day-to-day police activities. It is a highly centralized force and is usually headed by a member of the royal family. The secret police, or mubahith, deals with domestic security and counter-intelligence. It runs the `Ulaysha Prison in Riyadh, where it holds its prisoners. The United Nations' Working Group on Arbitrary Detention has objected to arbitrary detention by the Mubahith at `Ulaysha.
The religious police, or mutawa (or Mutaween, their official name being Committee for the Promotion of Virtue and the Prevention of Vice) enforce Islamic codes of behavior. Numbering about 20,000 men untrained in law enforcement, the mutawa ensure that there is strict separation of the sexes in public, that businesses close at prayer time, pressure women to wear traditional dress and, in some areas, prevent them driving cars. Often accompanied by a police escort, the mutawa can order the detention and arrest of "violators". Criticism of the mutawa by Saudis has grown since 2002, when 15 schoolgirls died in a fire at their school in Mecca after the mutawa allegedly prevented male rescuers from entering because the girls were not veiled.
Major areas of law
Saudi Arabia is an absolute monarchy, and has no legally binding written constitution. However, in 1992, the Basic Law of Saudi Arabia was adopted by royal decree. Although it is insufficiently specific to be considered a constitution, the Basic Law does outline the responsibilities and processes of the governing institutions. It declares that the king must comply with Sharia (that is, Islamic law) and that the Quran and the Sunna (the traditions of Muhammad) are the country's constitution. Interpretation of the Quran and the Sunna remains necessary, and this is carried out by the ulema, the Saudi religious establishment.
The Basic Law further states:
- Monarchy is the system of rule in the Kingdom of Saudi Arabia. Rulers of the country shall be from amongst the sons of the founder King Abdulaziz bin Abdulrahman Al-Faisal Al-Saud, and their descendants. The most upright among them shall receive allegiance according to Almighty God's Book and His Messenger's Sunna (Traditions)...Government in the Kingdom of Saudi Arabia derives its authority from the Book of God and the Sunna of the Prophet (PBUH), which are the ultimate sources of reference for this Law and the other laws of the State...Governance in the Kingdom of Saudi Arabia is based on justice, shura (consultation) and equality according to Islamic Sharia.
There are no jury trials in Saudi Arabia and courts observe few formalities. The country's first criminal procedure code was introduced in 2001 and contains provisions borrowed from Egyptian and French law. Human Rights Watch, in a 2008 report, noted that judges were either ignorant of the criminal procedure code or were aware of it but routinely ignored the code.
Criminal law is govered by Sharia and comprises three categories: hudud (fixed Quranic punishments for specific crimes), Qisas (eye-for-an-eye retaliatory punishments), and Tazir, a general category. Hudud crimes are the most serious and include theft, robbery, blasphemy, apostasy, adultery, sodomy and fornication. Qisas crimes include murder or any crime involving bodily harm. Tazir represents most cases, many of which are defined by national regulations such as bribery, trafficking, and drug abuse. The most common punishment for a Tazir offence is lashing.
A conviction requires proof in one of three ways. The first is an uncoerced confession. Alternatively, the testimony of two male witnesses can convict (four in the case of adultery), unless it is a hudud crime, in which case a confession is also required. Women's evidence normally carries half the weight of men in Sharia courts, however in criminal trials women's testimony is not allowed at all. Testimony from non-Muslims or Muslims whose doctrines are considered unacceptable (for example, Shia) may be discounted. Lastly, an affirmation or denial by oath can be required. Giving an oath is taken particularly seriously in a religious society such as Saudi Arabia's, and a refusal to take an oath will be taken as an admission of guilt resulting in conviction.
The Saudi courts impose a number of severe physical punishments. The death penalty can be imposed for a wide range of offences including murder, rape, armed robbery, repeated drug use, apostasy, adultery, witchcraft and sorcery and can be carried out by beheading with a sword, stoning or firing squad, followed by crucifixion. The 345 reported executions between 2007 and 2010 were all carried out by public beheading. The last reported execution for sorcery took place in 2007 and three subsequent convictions for witchcraft did not result in execution. There were no reports of stoning between 2007 and 2010, but between 1981 and 1992 there were four cases of execution by stoning reported.
Although repeated theft can be punishable by amputation of the right hand and aggravated theft by the cross-amputation of a hand and a foot, only one instance of judicial amputation was reported between 2007 and 2010. Homosexual acts are punishable by flogging, imprisonment or death. Lashings are a common form of punishment and are often imposed for offences against religion and public morality such as drinking alcohol and neglect of prayer and fasting obligations.
Retaliatory punishments, or Qisas, are practised: for instance, an eye can be surgically removed at the insistence of a victim who lost his own eye. This occurred in a case reported in 2000. Families of someone unlawfully killed can choose between demanding the death penalty or granting clemency in return for a payment of diyya, or blood money, by the perpetrator. There has been a growing trend of exorbitant blood-money demands, for example a sum of $11 million was reported as being recently demanded. Saudi officials and religious figures have criticized this trend and said that the practise of diyya has become corrupted.
Laws relating to marriage, divorce, children and inheritance are not codified and fall within the general jurisdiction of the Sharia courts.
Polygamy is permitted for men but is limited to four wives at any one time. There is evidence that its practise has increased, particularly among the educated Hejazi elite, as a result of oil wealth. The government has promoted polygamy as part of a return to "Islamic values" program. In 2001, the Grand Mufti (the highest religious authority) issued a fatwa, or opinion, calling upon Saudi women to accept polygamy as part of the Islamic package and declaring that polygamy was necessary "to fight against...the growing epidemic of spinsterhood". There is no minimum age for marriage in Saudi Arabia and the Grand Mufti reportedly said in 2009 that girls of the age of 10 or 12 were marriageable.
Men have a unlilateral right to divorce their wives (talaq) without needing any legal justification. The divorce is effective immediately. The divorced wife can claim financial support for a period of four months and ten days afterwards. A woman can only obtain a divorce with the consent of her husband or judicially if her husband has harmed her. In practice, it is very difficult for a Saudi woman to obtain a judicial divorce. The divorce rate is high, with 50% of marriages being dissolved. In the event of divorce, fathers have automatic custody of sons from the age of 7 and daughters from the age of 9. The right for men to marry up to four wives, combined with their ability to divorce a wife at anytime without cause, can translate to unlimited polygamy. King Abdul Aziz, the founder of the country, reportedly admitted to marrying over two hundred women. However, his polygamy was considered extraordinary even by Saudi Arabian standards.
With regard to the law of inheritance, the Quran specifies that fixed portions of the deceased's estate must be left to the so-called Qu'ranic heirs. Generally, female heirs receive half the portion of male heirs. A Sunni Muslim can bequeath a maximum of a third of his property to non-Qu'ranic heirs. The residue is divided between agnatic heirs.
Commercial and contract law
- See also: Contract Law of Saudi Arabia
Business and commerce is governed by Sharia. Commercial jurisdiction rests with the Board of Grievances composed of Sharia-trained judges. For foreign investors, uncertainties around the content of commercial law, because of the Sharia aspect, constitutes a disincentive to invest in Saudi Arabia. As it is governed by Sharia, contract law is not codified. Within the general limitations of Sharia, it allows considerable freedom for the parties to agree contract terms. However, contracts involving speculation or the payment of interest are prohibited and are not enforceable. If a contract is breached, Saudi courts will only award compensation for proven direct damage. Claims for loss of profit or opportunity will not be allowed as these would constitute speculation, which is not permitted under Sharia.
Specific modern aspects of commercial law, for example, commercial paper and securities, intellectual property, and corporate law are governed by modern regulations, and specialist government tribunals ("committees") deal with related disputes. The government recently revised its Intellectual Property laws to meet World Trade Organization standards, as part of its admission to the WTO in 2004. Because of a lack of resources, when the new patent law went into effect in 2004, the Saudi Patent office had only registered 90 patents since 1989, with a back-log of 9,000 applications. It is believed the back-log has now been reduced.
The Saudi government is also putting greater resources into combating piracy of software, printed material, recordings and videos, however pirated material is still widely available. Enforcement efforts have been supported by a fatwa, or religious ruling, that software piracy is forbidden under Islam. Saudi Arabia had been on the Special 301 Watchlist, the U.S.'s running log of countries considered to inadequately regulate or enforce intellectual property rights, but was removed in 2010.
Saudi law recognizes only corporate or partnership entities established under Sharia or the Saudi Company Law of 1982. A contract with any other type of company will be void and the persons who made the contract in the company's name will be personally liable for it. Under Sharia, corporations can take a number of forms, but the most common in Saudi Arabia is Sharikat Modarabah where some partners contribute assets and others contribute expertise. In addition, the Company Law (which is based on Egyptian company law) identifies eight permissible forms of corporate entity including joint ventures, and limited liability partnerships.
Employers have a number of obligations, including at least 15 days paid holiday after a year's employment. Terminated employees must receive an "end-of-service" payment of a half a months' salary for each year employed going up to one month if employed for more than 5 years.
Most land in Saudi Arabia is owned by the government and only cultivated land and urban property are subject to individual ownership. All land titles must be registered, but there is no accurate information as to the extent of registration. Real estate could only be owned by Saudi citizens until 2000, when the property laws were amended to allow foreigners to own property in Saudi Arabia. Property investments by non-Saudis of more than 30 million Saudi riyals require approval of the Council of Ministers and foreigners remain prohibited from owning property in Medina and Mecca.
Saudi Arabia has three categories of land: developed land (amir), undeveloped land (mawat), and "protective zones" (harim). Developed land comprises the built environment of towns and villages and agriculturally developed land, and can be bought, sold and inherited by individuals. The undeveloped land comprises rough grazing, pasture and wilderness. Rough grazing and pasture is owned in common and everyone has equal rights to its use. The wilderness is owned by the state and may be open to everyone unless specific restrictions are imposed. Harim land is a protective buffer between the owned land and the undeveloped land, and is defined, in the case of a town, as the area that can be reached and returned from in a day for the purposes of collecting fuel and pasturing livestock.
Saudi law utilizes the Waqf, which is a form of land ownership whereby a Muslim can transfer property to a foundation for long-term religious or charitable purposes. The property cannot then be alienated or transferred.
- All natural resources that God has deposited underground, above ground, in territorial waters or within the land and sea domains under the authority of the State, together with revenues of these resources, shall be the property of the State, as provided by the Law. The Law shall specify means for exploitation, protection and development of these resources in the best interest of the State, and its security and economy.
The Ministry of Petroleum and Mineral Resources is responsible for general strategy in the oil and gas sectors and for monitoring the state-owned oil company, Saudi Aramco. The oil, gas and refining industries in Saudi Arabia are controlled by Saudi Aramco, which has a near monopoly in these areas. It is the world's biggest oil producer, the middle east's biggest company and is considered to be indisputably the most important energy company in the world.
Currently, the electricity industry is in the hands of the 75% state-owned Saudi Electric Company, but plans have been announced to privatize the industry.
Human rights issues in Saudi Arabia have attracted vehement criticism. These include criminal law punishments that are considered as cruel, as well as the position of women, religious discrimination, the lack of religious freedom and the activities of the Saudi Mutaween.
Between 1996 and 2000, Saudi Arabia acceded to four UN human rights conventions and, in 2004, the government approved the establishment of the National Society for Human Rights (NSHR), staffed by government employees, to monitor their implementation. To date, the activities of the NSHR have been limited and doubts remain over its neutrality and independence. Saudi Arabia was one of only eight countries that did not accept the UN's Universal Declaration of Human Rights when it was launched in 1948. Now, only Saudi Arabia remains openly opposed to the declaration. In response to the continuing criticism of its human rights record, the Saudi government points to the special Islamic character of the country, and asserts that this justifies a different social and political order.
The U.S. State department considers that “discrimination against women is a significant problem” in Saudi Arabia and that women have few political or social rights. After her 2008 visit, the UN special rapporteur on violence against women noted the lack of women's autonomy and the absence of a law criminalizing violence against women. The World Economic Forum 2010 Global Gender Gap Report ranked Saudi Arabia 129th out of 134 countries for gender parity.
Every adult woman has to have a close male relative as her "guardian". As a result, Human Rights Watch has described the position of Saudi women as no different to being a minor, with little authority over their own lives. The guardian is entitled to make a number of critical decisions on a woman's behalf. These include giving approval for the woman to travel, to hold some types of business licenses, to study at a university or college and to work if the type of business is not "deemed appropriate for a woman." Even where a guardian’s approval is not legally required, some officials will still ask for it. Women also face discrimination in the courts, where the testimony of one man equals that of two women, and in family and inheritance law (see above).
Cultural norms impose restrictions on women when in public, and these are enforced by the mutawa. They include requiring women to sit in separate specially designated family sections in restaurants, to wear an abaya (a loose-fitting, full-length black cloak covering the entire body) and to conceal their hair. Women also risk arrest for riding in a vehicle driven by a male who is not an employee or a close male relative. Although there is no written ban on women driving cars, a Saudi driving license is required by law and these are not issued to women. Thus, it is effectively illegal for women to drive, and the ban is enforced by the mutawa.
Political freedom and freedom of speech
No political parties or national elections are permitted in Saudi Arabia and according to The Economist's 2010 Democracy Index, the Saudi government is the seventh most authoritarian regime from among the 167 countries rated. There is no legal protection of freedom of speech and Saudis are prohibited from publicly criticizing the government, Islam, or the royal family. The Saudi press is strictly censored and articles on Saudi dissidents are banned. Saudi censorship is considered among the most restrictive in the world and the country blocks broad swathes of the Internet. In the wake of the protests in Saudi Arabia in early 2011, the government banned all public demonstrations and marches.
Criminal trials and punishment
Western-based organisations such as Amnesty International and Human Rights Watch have condemned both the Saudi criminal justice system and its severe punishments. However, most Saudis reportedly support the system and say that it maintains a low crime rate.
Human Rights Watch, in their 2008 report on Saudi Arabian criminal justice system, noted that the criminal procedure code introduced in 2002 lacked some basic protections but, as mentiond above, had been ignored by judges in any case. Those arrested are often not informed of the crime of which they are accused or given access to a lawyer and are subject to abusive treatment and torture if they do not confess. At trial, there is a presumption of guilt and the accused is often unable to examine witnesses and evidence or present a legal defense. Most trials are held in secret. The physical punishments imposed by Saudi courts, such as beheading, stoning, amputation and lashing, and the number of executions have also been strongly criticized.
In 2010, the U.S. State Department stated that in Saudi Arabia "freedom of religion is neither recognized nor protected under the law and is severely restricted in practice" and that "government policies continued to place severe restrictions on religious freedom". No faith other than Islam is permitted to be practised, although there are nearly a million Christians - nearly all foreign workers - in Saudi Arabia. There are no churches or other non-Muslim houses of worship permitted in the country. Even private prayer services are forbidden in practice and the Saudi religious police reportedly regularly search the homes of Christians. Foreign workers have to observe Ramadan but are not allowed to celebrate Christmas or Easter. Conversion by Muslims to another religion (apostasy) carries the death penalty, although there have been no confirmed reports of executions for apostasy in recent years. Proselytizing by non-Muslims is illegal, and the last Christian priest was expelled from Saudi Arabia in 1985. Compensation in court cases discriminates against non-Muslims: once fault is determined, a Muslim receives all of the amount of compensation determined, a Jew or Christian half, and all others a sixteenth.
According to Human Rights Watch, the Shia minority face systematic discrimination from the Saudi government in education, the justice system and especially religious freedom. Restrictions are imposed on the public celebration of Shia festivals such as Ashura and on the Shia taking part in communal public worship.
Saudi Arabia is one of the few countries in the world where homosexual acts are not only illegal but punishable by execution. However, there have been no executions for homosexuality reported in Saudi Arabia since 2002 when three men from Abha were beheaded. There have, however, reportedly been raids on "gay parties" and men have been arrested for "behaving like women". The usual penalties inflicted have been limited to flogging and imprisonment.
- ^ a b c Campbell, Christian (2007). Legal Aspects of Doing Business in the Middle East. p. 265. ISBN 9781430319146.
- ^ Bahl, Taru; Syed, M.H. (2004). Encyclopaedia of the Muslim World. p. 46. ISBN 9788126114191.
- ^ Hourani, Albert (2005). A History of the Arab peoples. p. 113. ISBN 9780571226641.
- ^ Hourani, Albert (2005). A History of the Arab peoples. pp. 161–162. ISBN 9780571226641.
- ^ Wynbrandt,, James; Gerges, Fawaz A. (2010). A Brief History of Saudi Arabia. p. 183. ISBN 9780816078769.
- ^ Hourani, Albert (2005). A History of the Arab peoples. p. 158. ISBN 9780571226641.
- ^ a b c d e f g h i j k Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. pp. 144–145. ISBN 9789087280574.
- ^ Kaim, Markus (2008). Great powers and regional orders: the United States and the Persian Gulf. p. 162. ISBN 9780754671978.
- ^ Bowen, Wayne H. (2007). The history of Saudi Arabia. pp. 69–70. ISBN 9780313340123.
- ^ Wilson, Peter W.; Graham, Douglas (1994). Saudi Arabia: the coming storm. p. 16. ISBN 1563243946.
- ^ Bowen, Wayne H. (2007). The history of Saudi Arabia. p. 135. ISBN 9780313340123.
- ^ a b Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. p. 146. ISBN 9789087280574.
- ^ Nyrop, Richard F.; Walpole, Norman C. (1977). Area handbook for Saudi Arabia. p. 188.
- ^ Hassner, Ron Eduard (2009). War on sacred grounds. p. 144. ISBN 9780801448065.
- ^ Cordesman, Anthony H. (2003). Saudi Arabia enters the 21st century. p. 286. ISBN 9780275980917.
- ^ Human Rights Watch (2009). Denied dignity: systematic discrimination and hostility toward Saudi Shia citizens. p. 13. ISBN 1564325350.
- ^ a b c Louėr, Laurence (2008). Transnational Shia politics: religious and political networks in the Gulf. pp. 248–249. ISBN 9780231700405.
- ^ Human Rights Watch (2009). Denied dignity: systematic discrimination and hostility toward Saudi Shia citizens. p. 12. ISBN 1564325350.
- ^ Kettell, Brian B. (2011). Introduction to Islamic Banking and Finance. pp. 13-12. ISBN 97800470978047.
- ^ a b Peters, Rudolph (2006). Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century. p. 148. ISBN 9780521796705.
- ^ a b Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. p. 172. ISBN 9789087280574.
- ^ Wilson, Peter W.; Graham, Douglas (1994). Saudi Arabia: the coming storm. p. 201. ISBN 1563243946.
- ^ a b Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. pp. 161–162. ISBN 9789087280574.
- ^ a b Al-Farsy, Fouad (2004). Modernity and tradition:the Saudi equation. p. 36. ISBN 9780954874018.
- ^ Campo, Juan Eduardo (2006). Encyclopedia of Islam. p. 288. ISBN 9780816054541.
- ^ a b c d Commins, David Dean (2006). The Wahhabi mission and Saudi Arabia. p. 115. ISBN 1845110803.
- ^ a b "Saudi to codify Sharia 'for clarity'". Middle East Online. 21 July 2010. http://www.middle-east-online.com/english/?id=40144. Retrieved 19 July 2011.
- ^ a b Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. p. 157. ISBN 9789087280574.
- ^ a b Esposito, John L. (1998). Islam and politics. p. 111. ISBN 9780815627746.
- ^ Esposito, John L. (1998). Islam and politics. p. 110. ISBN 9780815627746.
- ^ Powell, William (1982). Saudi Arabia and its royal family. p. 102. ISBN 9780818403262.
- ^ Campbell, Christian (2007). Legal Aspects of Doing Business in the Middle East. pp. 268–269. ISBN 9781430319146.
- ^ Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. p. 174. ISBN 9789087280574.
- ^ a b Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. p. 159. ISBN 9789087280574.
- ^ a b c d e f g h Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. p. 160. ISBN 9789087280574.
- ^ Baamir, Abdulrahman Yahya (2010). Shari'a Law in Commercial and Banking Arbitration. p. 23. ISBN 9781409403777.
- ^ Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. p. 161. ISBN 9789087280574.
- ^ a b c d e f "Tentative steps in Saudi Arabia: The king of Saudi Arabia shows some reformist credentials". The Economist. 17 February 2009. http://www.economist.com/node/13134598. Retrieved 9 July 2011.
- ^ "Support for shake-up of Saudi justice system". The Financial Times. 4 October 2007. http://www.ft.com/cms/s/0/ec3ad182-72a2-11dc-b7ff-0000779fd2ac.html#axzz1RgyCPauT. Retrieved 10 July 2011.
- ^ a b c d e f g h "Saudi Arabian justice: Cruel, or just unusual?". The Economist. 14 June 2001. http://www.economist.com/node/656147. Retrieved 14 July 2011.
- ^ a b c d e f g Dammer,, Harry R.; Albanese, Jay S. (2010). Comparative Criminal Justice Systems. p. 106. ISBN 9780495809890.
- ^ a b "Human Rights and Saudi Arabia’s Counterterrorism Response". Human Rights Watch. 10 August 2009. http://www.hrw.org/en/node/84893/section/5. Retrieved 28 July 2011.
- ^ a b c "Saudi minister rebukes religious police". BBC News. 4 November 2002. http://news.bbc.co.uk/1/hi/world/middle_east/2399885.stm. Retrieved 21 July 2011.
- ^ a b Cavendish, Marshall (2007). World and Its Peoples: the Arabian Peninsula. p. 78. ISBN 9780761475712.
- ^ a b Champion, Daryl (2003). The paradoxical kingdom: Saudi Arabia and the momentum of reform. p. 60. ISBN 9781850656685.
- ^ a b Robbers, Gerhard (2007). Encyclopedia of world constitutions, Volume 2. p. 791. ISBN 0816060789.
- ^ Niblock, Tim (2006). Saudi Arabia: power, legitimacy and survival. p. 104. ISBN 9780415274197.
- ^ a b "The Basic Law of Governance". Royal Embassy of Saudi Arabia, Washington D.C.. http://www.saudiembassy.net/about/country-information/laws/The_Basic_Law_Of_Governance.aspx. Retrieved 28 July 2011.
- ^ Shoult, Anthony (2006). Doing business with Saudi Arabia. p. 95. ISBN 9781905050062.
- ^ a b c d e Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. p. 166. ISBN 9789087280574.
- ^ a b Human Rights Watch (2008). Precarious Justice. p. 4. http://books.google.co.uk/books?id=xwGojEygbqAC&pg=PA3&dq=%22Saudi+Arabia%22+%22precarious+justice%22&hl=en&ei=6xYcTvm2N5HGtAaEzO34Bg&sa=X&oi=book_result&ct=result&resnum=1&ved=0CCoQ6AEwAA#v=onepage&q=jury&f=false. Retrieved 12 July 2011.
- ^ Dammer,, Harry R.; Albanese, Jay S. (2010). Comparative Criminal Justice Systems. p. 56. ISBN 9780495809890.
- ^ a b c d e f g Kritzer, Herbert M. (2002). Legal Systems of the World: A Political, Social, and Cultural Encyclopedia. p. 1415. ISBN 9781576072318.
- ^ Wynbrandt, James; Gerges, Fawaz A. (2010). A Brief History of Saudi Arabia. p. 310. ISBN 9780816078769.
- ^ Beling, Willard A. (1980). King Faisal and the modernisation of Saudi Arabia. p. 117. ISBN 0709901372.
- ^ "Saudi Justice?". CBS News. 5 December 2007. http://www.cbsnews.com/stories/2004/05/06/60minutes/main615986.shtml. Retrieved 18 July 2011.
- ^ a b c d Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. p. 175. ISBN 9789087280574.
- ^ Whitaker, Brian (9 August 2003). "Saudi system condemned". The Guardian (London). http://www.guardian.co.uk/world/2003/aug/09/saudiarabia.brianwhitaker. Retrieved 27 July 2011.
- ^ a b "Saudi executioner tells all". BBC News. 5 June 2003. http://news.bbc.co.uk/1/hi/world/middle_east/2966790.stm. Retrieved 11 July 2011.
- ^ a b c d Federal Research Division (2004). Saudi Arabia A Country Study. p. 304. ISBN 9781419146213.
- ^ a b Miethe, Terance D.; Lu, Hong (2004). Punishment: a comparative historical perspective. p. 63. ISBN 9780521605168.
- ^ a b c d U.S. State Department Annual Human Rights Reports for Saudi Arabia 2007-2010: "2010 Human Rights Report: Saudi Arabia". U.S. State Department. 8 April 2011. http://www.state.gov/g/drl/rls/hrrpt/2010/nea/154472.htm. Retrieved 11 July 2011. ; "2009 Human Rights Report: Saudi Arabia". U.S. State Department. 11 March 2010. http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136079.htm. Retrieved 11 July 2011. ; "2008 Human Rights Report: Saudi Arabia". U.S. State Department. 25 February 2009. http://www.state.gov/g/drl/rls/hrrpt/2008/nea/119126.htm. Retrieved 11 July 2011. ; "2007 Human Rights Report: Saudi Arabia". U.S. State Department. 11 March 2008. http://www.state.gov/g/drl/rls/hrrpt/2007/100605.htm. Retrieved 11 July 2011.
- ^ Vogel, Frank E. (1999). Islamic law and legal system: studies of Saudi Arabia. p. 246. ISBN 9789004110625.
- ^ a b c d e Whitaker, Brian (13 September 2010). "Saudi Arabia's juggling act on homosexuality". The Guardian (London). http://www.guardian.co.uk/commentisfree/2010/sep/13/saudi-arabia-homosexuality-juggling-act. Retrieved 27 July 2011.
- ^ "Report: Saudi girl accepts lashing for assaulting headmistress". CNN. 24 January 2010. http://articles.cnn.com/2010-01-24/world/saudi.arabia.lashes_1_lashes-al-watan-saudi-city?_s=PM:WORLD. Retrieved 11 July 2011.
- ^ a b c "Saudis Face Soaring Blood-Money Sums". The Washington Post. 27 July 2008. http://www.washingtonpost.com/wp-dyn/content/article/2008/07/26/AR2008072601785.html. Retrieved 11 July 2011.
- ^ a b c Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. p. 163. ISBN 9789087280574.
- ^ Long, David E. (2005). Culture and Customs of Saudi Arabia. p. 66. ISBN 9780313320217.
- ^ a b c d e f Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. p. 165. ISBN 9789087280574.
- ^ a b c d e Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. p. 164. ISBN 9789087280574.
- ^ Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. pp. 163–164. ISBN 9789087280574.
- ^ Elhadj, Elie (2006). The Islamic Shield: Arab Resistance to Democratic and Religious Reforms. p. 51. ISBN 9781599424118.
- ^ a b Al-Rasheed, Madawi (2010). A History of Saudi Arabia. p. 72. ISBN 9780521747547.
- ^ a b c d Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. p. 167. ISBN 9789087280574.
- ^ a b c d e Hinkelman, Edward G. (2003). Importers Manual USA: The Single Source Reference Encyclopedia for Importing to the United States. p. 131. ISBN 9781885073938.
- ^ a b c d e f International Business Publications (2007). Saudi Arabia Investment and Business Guide. p. 46. ISBN 978-1433043666.
- ^ Atkinson, Benedict; Fitzgerald, Brian (2007). The True History of Copyright. p. 412. ISBN 9781920898458.
- ^ "2010 Special 301 Report". The Office of the United States Trade Representative. 30 April 2010. http://ipophil.gov.ph/document/8dfdf5ee_301Reports_2010.pdf. Retrieved 18 July 2011.
- ^ a b c d Baamir, Abdulrahman Yahya (2010). Shari'a Law in Commercial and Banking Arbitration. p. 38. ISBN 9781409403777.
- ^ a b Hinkelman, Edward G. (2003). Importers Manual USA: The Single Source Reference Encyclopedia for Importing to the United States. p. 133. ISBN 9781885073938.
- ^ a b c Ziadeh, Farhat J. (1979). Property law in the Arab world. In an unpaginated Appendix: Note on Real Rights in Saudi Arabia and the Gulf. ISBN 9780860101123.
- ^ a b Cordesman, Anthony H. (2003). Saudi Arabia enters the 21st century. p. 334. ISBN 9780275980917.
- ^ a b c d e f Vincent, Peter (2008). Saudi Arabia: an environmental overview. p. 251. ISBN 9780415413879.
- ^ a b Vassiliev, Alexei (1997). The history of Saudi Arabia. p. 413. ISBN 9780863569357.
- ^ McGovern, James (1981). The Oil Game. p. 9. ISBN 9780670521340.
- ^ Oxford Business Group (2009). The Report: Saudi Arabia 2009. p. 130. ISBN 9781907065088.
- ^ a b Oxford Business Group (2007). The report: Emerging Saudi Arabia. p. 129. ISBN 9781902339665.
- ^ Oxford Business Group (2009). The Report: Saudi Arabia 2009. p. 135. ISBN 9781907065088.
- ^ Al-Rasheed, Madawi (2010). A History of Saudi Arabia. p. 250. ISBN 9780521747547.
- ^ Al-Rasheed, Madawi (2010). A History of Saudi Arabia. pp. 251–252. ISBN 9780521747547.
- ^ a b Weiss, Thomas G.; Forsythe, David P.; Coate, Roger A. (1994). The United Nations and Changing World Politics. p. 116. ISBN 9780813317618.
- ^ a b c d e f g h "2010 Human Rights Report: Saudi Arabia". U.S. State Department. 8 April 2011. http://www.state.gov/g/drl/rls/hrrpt/2010/nea/154472.htm. Retrieved 11 July 2011.
- ^ World Economic Forum (2010). The Global Gender Gap Report 2010. p. 9. ISBN 9789295044890. http://www.weforum.org/pdf/gendergap/report2010.pdf. Retrieved 27 July 2011.
- ^ a b Human Rights Watch (2008). Perpetual Minors: human rights abuses from male guardianship and sex segregation in Saudi Arabia. p. 2. http://books.google.co.uk/books?id=nFv4d6LdyFEC&printsec=frontcover&dq=saudi+%22perpetual+minors%22&hl=en&ei=rGUwTqufHIGh8QPF3Z21AQ&sa=X&oi=book_result&ct=result&resnum=1&sqi=2&ved=0CCoQ6AEwAA#v=onepage&q&f=false. Retrieved 27 July 2011.
- ^ Human Rights Watch (2008). Perpetual Minors: human rights abuses from male guardianship and sex segregation in Saudi Arabia. p. 3. http://books.google.co.uk/books?id=nFv4d6LdyFEC&printsec=frontcover&dq=saudi+%22perpetual+minors%22&hl=en&ei=rGUwTqufHIGh8QPF3Z21AQ&sa=X&oi=book_result&ct=result&resnum=1&sqi=2&ved=0CCoQ6AEwAA#v=onepage&q&f=false. Retrieved 27 July 2011.
- ^ a b Alsharif, Asma (24 May 2011). "Saudi should free woman driver-rights group". Reuters. http://www.reuters.com/article/2011/05/24/saudi-driving-idUSLDE74N0ET20110524. Retrieved 28 July 2011.
- ^ The Economist Intelligence Unit. "The Economist Democracy Index 2010". The Economist. http://graphics.eiu.com/PDF/Democracy_Index_2010_web.pdf. Retrieved 6 June 2011.
- ^ Lewis, James R.; Skutsch, Carl (2001). The human rights encyclopedia, Volume 2. p. 465. ISBN 9780765680235.
- ^ Champion, Daryl (2003). The paradoxical kingdom: Saudi Arabia and the momentum of reform. p. 267. ISBN 9781850656685.
- ^ "Internet Censorship, Saudi Style". Bloomberg Businessweek. 13 November 2008. http://www.businessweek.com/magazine/content/08_47/b4109068380136.htm. Retrieved 28 Jujy 2011.
- ^ "Saudi Arabia imposes ban on all protests". BBC News. 5 March 2011. http://www.bbc.co.uk/news/world-middle-east-12656744. Retrieved 29 July 2011.
- ^ a b "Analysis: Saudi rough justice". BBC News. 28 March 2000. http://news.bbc.co.uk/1/hi/world/middle_east/693680.stm. Retrieved 10 July 2011.
- ^ a b Human Rights Watch (2008). Precarious Justice. p. 3. http://books.google.co.uk/books?id=xwGojEygbqAC&pg=PA3&dq=%22Saudi+Arabia%22+%22precarious+justice%22&hl=en&ei=6xYcTvm2N5HGtAaEzO34Bg&sa=X&oi=book_result&ct=result&resnum=1&ved=0CCoQ6AEwAA#v=onepage&q=jury&f=false. Retrieved 12 July 2011.
- ^ Human Rights Watch (2008). Precarious Justice. pp. 101–102. http://books.google.co.uk/books?id=xwGojEygbqAC&pg=PA3&dq=%22Saudi+Arabia%22+%22precarious+justice%22&hl=en&ei=6xYcTvm2N5HGtAaEzO34Bg&sa=X&oi=book_result&ct=result&resnum=1&ved=0CCoQ6AEwAA#v=onepage&q=jury&f=false. Retrieved 12 July 2011.
- ^ a b c d "Saudi Arabia: International Religious Freedom Report 2010". U.S. State Department. 17 November 2010. http://www.state.gov/g/drl/rls/irf/2010/148843.htm. Retrieved 27 July 2011.
- ^ a b c d e Owen, Richard (17 March 2008). "Saudi Arabia extends hand of friendship to Pope". The Times (London). http://www.timesonline.co.uk/tol/news/world/europe/article3571835.ece. Retrieved 27 July 2011.
- ^ Human Rights Watch (2009). Denied dignity: systematic discrimination and hostility toward Saudi Shia citizens. p. 1. ISBN 1564325350.
- ^ Human Rights Watch (2009). Denied dignity: systematic discrimination and hostility toward Saudi Shia citizens. pp. 2, 8–10. ISBN 1564325350.
Saudi Arabia topics Index · Outline History Geography Law Politics Military Economy Society Culture Symbols Category · Portal · WikiProject
Wikimedia Foundation. 2010.
Look at other dictionaries:
Saudi Arabia — Infobox Country conventional long name = Kingdom of Saudi Arabia native name = ar. المملكة العربية السعودية al Mamlaka al ʻArabiyya as Suʻūdiyya common name = Saudi Arabia national motto = There is no god but Allah, Muhammad is the messenger of… … Wikipedia
SAUDI ARABIA — SAUDI ARABIA, an authoritarian monarchy, whose legal system is based on a strict interpretation of Islamic law, known in the West as Wahhabism, after the spiritual leader of the original Saudi state, Muḥammad ibn ʿAbdul Wahhāb (1703–1792). Modern … Encyclopedia of Judaism
Saudi Arabia — <p></p> <p></p> Introduction ::Saudi Arabia <p></p> Background: <p></p> Saudi Arabia is the birthplace of Islam and home to Islam s two holiest shrines in Mecca and Medina. The king s official title … The World Factbook
Saudi Arabia — a kingdom in N and central Arabia, including Hejaz, Nejd, and dependencies. 20,087,965; ab. 600,000 sq. mi. (1,554,000 sq. km). Cap.: Riyadh. Cf. Mecca. * * * Saudi Arabia Introduction Saudi Arabia Background: In 1902 Abd al Aziz Ibn SAUD… … Universalium
Legal system of the Republic of Turkey — Republic of Turkey This article is part of the series: Politics and government of the Republic of Turkey … Wikipedia
Contract Law of Saudi Arabia — Contract Law of Saudi Arabia Legal System Hanbali School of Sharia Law, Sunni … Wikipedia
Consultative Assembly of Saudi Arabia — Saudi Consultative Assembly مجلس الشورى السعودي Majlis al Shūra al Saʿūdiyy Type Type Unicameral Leadership Speaker … Wikipedia
National Security Council (Saudi Arabia) — Saudi National Security Council Agency overview Formed 2005 Agency executives King Abdullah bin Abdul Aziz Al Saud, Chairman Prince Bandar bin Sultan, Secretary General … Wikipedia
Human rights in Saudi Arabia — are based on sharia religious laws under rule of the Saudi royal family. [cite news url=http://www.state.gov/g/drl/rls/hrrpt/2004/41731.htm title=Country Reports on Human Rights Practices 2004 publisher=US Department of State, Bureau of Democracy … Wikipedia
Basic Law of Saudi Arabia — The Basic Law of Saudi Arabia ( ar. النظام الأساسي للحكم بالمملكة العربية السعودية) (Alternative name: Basic System of Governance) is a constitution like charter divided into nine chapters, consisting of 83 articles. [… … Wikipedia