This Country Profile provides a basic overview of the legal history and institutional structures of the Kingdom of Saudi Arabia (Al Mamlakah al Arabiyah as Sa'udiyah), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Saudi Arabia's Constitution, Islamic law (sharīʿa or fiqh) is the primary source of legislation.
Country Background
Saudi Arabia is a desert country located in the Middle East, bordering the Red Sea and the Persian Gulf. It is bounded by Yemen, Jordan, Iraq, Kuwait, Qatar, Oman, Bahrain, and the United Arab Emirates (UAE). The capital of Saudi Arabia is Riyadh. The official language is Arabic. The country's population in 2017 was approximately 28.6 million. The official religion of Saudi Arabia is Islam. Saudi Arabia is a predominantly Muslim country, with about 70% of the population Muslim (85-90% of which are Sunnī and 10-15% of which are Shīʿī). However, despite the large expatriate community, most forms of public religious expression inconsistent with the government-sanctioned interpretation of Sunnī Islam are restricted. Furthermore, non-Muslims are not allowed to have Saudi citizenship and non-Muslim places of worship are not permitted.
It is important to mention that the holiest city in Islam—Mecca—is located in Saudi Arabia. The city has over 2 million residents, and is visited by approximately 15 million people each year. Non-Muslims are prohibited from entering the city. Following the 1924 Battle of Mecca, the Sharif of Mecca was overthrown by the Saud family, and Mecca was incorporated into Saudi Arabia. Under Saudi rule, much of the historic city has been demolished as a result of construction programs and in an effort to prevent historical sites from becoming pilgrimage sites. It is now estimated that fewer than 20 buildings can be dated back to the time of the Prophet Mohammad.
Saudi Arabia is a member state of the Organisation of Islamic Cooperation and Arab League.
Constitution & Legal Structure
Saudi Arabia is referred to as an absolute monarchy, in which sovereignty lies with state and the Constitution is the supreme law of the land. Saudi Arabia adopted its current Constitution in 1992, and it was amended most recently in 2017 to lift the ban on women driving. The system of government is hereditary, and in the line of the male descendants of Saud family, who are the absolute monarchs of the state. The government has three branches: legislative, executive, and judicial. The legal system of Saudi Arabia is a mixed legal system, primarily based off of Islamic legal tradition with some elements of Egyptian, French, and customary law.
Constitutional Status of Islamic Law
Islamic law is the primary source of legislation in Saudi Arabia. Specifically, the Basic Law of Governance (1992) states that the Qurʾān and the Sunnah (traditions) of the Prophet Muhammad represent the Kingdom’s Constitution, and that sharīʿa is the foundation of Saudi Arabia. The law further states that the government derives its authority from the Qurʾān and the Sunnah, which are the principal sources of all administrative regulations. It also emphasizes that the government’s role and objective is to protect the principles of Islam and enforce Islamic law.
Jurisdiction(s) of Islamic Law
Islamic law has official jurisdiction in Saudi Arabia. All Saudi criminal law and punishments are based on sharīʿa. Regarding matters of personal status, no codified personal status law exists. As such, judges rely on their own interpretations of sharīʿa, which can lead to inconsistencies. A non-Muslim cannot become a citizen of Saudi Arabia.
Dominant School of Islamic Law
The official school in Saudi Arabia is Ḥanbalī. The vast majority of Saudi Arabia's population is Sunnī, mostly adhering to the Ḥanbalī and Salafī schools. However, approximately 10-15% of the population is Shīʿī. Furthermore, it is important to mention that the Wahhabism movement was born in Saudi Arabia, and today, Ibn Abd al-Wahhab's teachings are the official government-sponsored teachings of Islam.
Sources of Law for Legal Research
Official Publications
Unofficial Databases
References:
For an extended list of legal resources for this country, see the Library of Congress’s Research Guide, and for a narrative review, see the GlobaLex Foreign Law Research Guide (most updated version, where available). The Constitution is available in the LOC Guide in its original language and at Constitute in English translation. For full versions of past constitutions, amendments, and related legislation, see HeinOnline World Constitutions Illustrated or Oxford Constitutions of the World [subscription required for each].