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Rule of Law: Country Studies - Saudi Arabia
Summary
The Kingdom of Saudi Arabia, established in 1932 by Abd al-Aziz ibn Abd al-Rahman ibn
Faysal al-Saud (also known as Ibn Saud or Abdul Aziz), occupies the largest part of the Arabian
Peninsula, which also includes Bahrain, Kuwait, Oman, the United Arab Emirates, Yemen, and
parts of Iraq and Jordan. Surrounded by the Arabian Sea, the Persian Gulf, and the Red Sea,
Saudi Arabia is the 15th-largest country in the world at 1,960,582 square kilometers (about onefifth the size of the United States). Most notably, Saudi Arabia possesses approximately 25
percent of the world's known oil reserves and is by far the largest producer and exporter of oil
(oil accounts for approximately 90 percent of exports and constitutes 75 percent of all
revenues).
As a result of its vast natural wealth, Saudi
Arabia had the world's 25th-largest economy in
2006, with a gross domestic product (GDP) of
$310 billion. However, per capita income in
Saudi Arabia ranks slightly lower: In 2006,
gross national income (GNI) per capita was
56th in the world at $12,510, and GNI per
capita measured by purchasing power parity
(PPP) was 58th, at $16,620. In addition, Saudi
Arabia is home to a substantial number of
foreign workers: as of 2006, approximately six
million, or about one-fourth of the 2006
population of 24 million. Saudi Arabia is also
home to Islam's two most sacred cities, Medina
and Mecca, and thus hosts the annual
pilgrimage (hajj) to Mecca, which is one of the
Saudi Arabia
five main duties of a Muslim. Saudi Arabia thus
plays a special role for the world's Muslim
community, which numbered over 1.2 billion at the beginning of the 21st century.
Saudi Arabia, however, is consistently rated as one of the most unfree countries in the world by
Freedom House in its annual Freedom in the World survey; other human rights organizations
rate it similarly. Politically, Saudi Arabia is a strict monarchy. The king has absolute authority
over all institutions and thus controls the kingdom's legislative and judicial bodies. All highranking government and economic positions are reserved for members of the extensive al-Saud
dynasty, now numbering in the thousands, who are provided with privileges, quality educational
opportunities, and a high social status.
History
Ancient History
The Arabian Peninsula was the home of Semitic-speaking peoples—a part of the larger AfroAsiatic family originating in Africa—who developed a wide variety of written languages, including
Akkadian, Amorite, Aramaic, Hebrew, and later Arabic. The Semitic languages are distinguished
as being among the first written languages, dating from at least 3500 BC. From the Arabian
Peninsula, Semitic peoples migrated to other lands (most significantly Mesopotamia and the
Levant, or Asia Minor) and came to dominate southwestern Asia.
Arabia's numerous tribes took advantage of the peninsula's central location to engage in trade,
especially along the coasts of Oman and Yemen. Trade routes eventually expanded north and
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east, assisted greatly by the camel (the only animal capable of traversing the desert), leading to
the development of major trading centers like Petra, in Jordan. Three major kingdoms,
Nabatean, Sabian, and Minean, developed on the peninsula, but they had largely fallen by the
first century AD, when the Roman leader Emperor Trajan conquered Mesopotamia.
The Rise of Islam
The most historic and influential events of the
Arabian Peninsula, however, are centered
around the Prophet Muhammad (570–632 AD)
and the rise of Islam.
At the time of Muhammad's birth in 570, the
peninsula was divided among different Arabic
and Bedouin tribes of traders and nomads. The
term "Bedouin" refers to Arabic speakers living
throughout the Arabian Peninsula who lead
nomadic lifestyles. These groups' religious
beliefs were mainly polytheistic, with devotions
made for favorable days for commerce and
agriculture. The center of trade was the city of
Mecca, and its most prominent tribe was the
Quraysh, to which Muhammad belonged.
Mecca
Although it is believed that Muhammad could
not read or write, he was well traveled and
possessed a wide knowledge of the Christian,
Jewish, and Arabian communities. According to Islamic tradition, Muhammad made frequent
trips to the mountains, and Muslims believe that during one such visit in 610, Muhammad was
visited by the angel Gabriel, who told him that he was God's messenger. According to Islamic
historiography, Muhammad continued to receive visitations and visions throughout his life.
Although Muhammad doubted his visions at first, he became convinced of their validity, and he
began to seek other followers who would be faithful to Allah . The sacred scriptures for Muslims
are contained in the Holy Koran, which is the word of Allah revealed to Muhammad.
The Quraysh in Mecca were dependent on pilgrimages of idol worshippers and rejected
Muhammad's prophetic message. They shunned him and his followers, forcing Muhammad to
flee to Medina in 622, where he built an army of followers. By 629, Muhammad controlled
Mecca, and by 630, the entire Arabian Peninsula, successfully uniting the tribes of Arabia
around the new monotheistic religion of Islam. Soon after Muhammad's death, Islam began to
spread beyond the Arabian Peninsula through trade, travel, and warfare, reaching Spain by the
eighth century. The center of the Muslim world switched several times, from the Arabian
Peninsula, to Damascus (currently in Syria), and then to Baghdad (currently in Iraq), where
succeeding Islamic caliphates were established. At the same time, the pilgrimage by Muslims to
Mecca became one of the five basic obligations that all able Muslims must fulfill at least once in
their lifetime, making Mecca a sacred location for Muslims.
The Beginnings of Modern Saudi Arabia
Unlike many other Arabic-speaking countries (and non-Arabic countries, for that matter), Saudi
Arabia was not colonized by a Western country. Beginning in the 18th century, the Egyptians
and Ottomans vied for control of the Arabian Peninsula. Yet neither power subdued the territory
fully. Arabia continued to be a trading center, with cities on the western coast more open to
foreign influence and those in the east more closed.
The contemporary leaders of Saudi Arabia have roots in the region of Nadj (near Riyadh),
where the al-Saud family emerged as a powerful force beginning in the 1500s. During the 18th
century, the Muslim cleric Muhammad ibn Abd al-Wahhab (1703–92) began propagating a new
form of Sunni Islam. Sunni Islam is the largest branch of Islam, with Shia Islam the minority
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branch, which split from Sunni Islam over its rejection
of the legitimacy of the early caliphs. Al-Wahhab set
out to restore a "unitary" and pure belief that advocated
a severe interpretation of Islam based on its earliest
tenets. Al-Wahhab's followers consider themselves "alMuwahhidun," or "Unitarians," and the term "Wahhabi"
is used by non-Muslims.
Unlike many other Arabicspeaking countries (and nonArabic countries, for that
matter), Saudi Arabia was not
Lacking followers, al-Wahhab turned to the most
colonized by a Western
powerful man in the Nadj region, Muhammad al-Saud,
the patriarch of the al-Saud family, who had become
country.
wealthy through agricultural production. Al-Saud sought
a mission around which to unify the peninsula, and alWahhab needed a backer to help propagate his
campaign for religious purification. The two men formed a partnership in 1744 through a
traditional Muslim oath that pledged to create a centralized state according to Islamic principles.
This oath remains one of the kingdom's core principles. By the time of Muhammad al-Saud's
death in 1765, he had secured control over Nadj, establishing Wahhabism as the dominant
faith. Thereafter, al-Saud's sons continued to expand the reach of Wahhabism through a series
of attacks on Shiite cities in Iraq, such as Karbala, in 1802 as well as other cities on the Arabian
Peninsula, including Mecca and Medina in 1803.
The Foundations of the Kingdom
The Egyptians briefly gained control over the Najd region in 1818, although the al-Saud family
regained control in 1824 under Turki ibn Abd Allah, and thwarted attempts by both the British
and the Ottomans to secure the area. However, fighting within the al-Saud family led to the rise
of a rival family, the al-Rashid family, causing members of the al-Saud clan to move to Kuwait.
In 1902, however, Abdul Aziz (Ibn Saud), of the al-Sauds, managed to reassert his family's
control over Najd. In 1902, Abdul Aziz secured Riyadh and built an army through alliances with
local leaders and with the support of a group of Bedouins who were followers of Wahhabism
(the Ikhwahn). Balancing the less devout local leaders with the more devout Ikhwahn, Abdul
Aziz eventually retook the other parts of the peninsula, with the exception of the coastal cities
where the British set up separate ruling dynasties and kingdoms. In 1932, the various regions
became united as the Kingdom of Saudi Arabia.
But building a state on the basis of these conflicting and competing groups proved difficult. King
Abdul Aziz had to battle frequently against opponents of modern innovation. For example, he
established a radio station only by convincing the elders and imams that the Koran could be
broadcast on it. At one point, King Abdul Aziz had to confront the Ikhwahn when they contested
Aziz's compromises with the British; the king's agreement thwarted the Ikhwahn's aims for
greater influence.
Yet, according to the original oath of al-Saud and al-Wahhab, the Saudi state and Wahhabism
were intertwined. The king remained the protector of Islam's holiest sites. The al-Saud dynasty's
main responsibilities were political, however. Al-Wahhab's followers and family members took
charge of all official religious institutions, which included schools and courts. Even today, these
institutions are controlled by the Wahhabi religious authorities. Although practicing other nonMuslim faiths is officially permitted in private, the government does not always allow this in
practice; practicing other forms of Islam is not only discouraged but actively discriminated
against. Although members of the minority Shia community are more accepted in the economy,
they continue to face discrimination.
Saudi Arabia and the Discovery of Oil
Oil deposits were discovered in the early 1930s. In 1932, the Standard Oil Company of
California (Socal), later called Chevron, won the rights over British companies to explore the
reserves. From that point forward, American and Saudi oil interests tied the two countries
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together. Profits from oil also changed the nature of the kingdom and the royal dynasty, creating
a large al-Saud family elite (Ibn Saud had over 30 sons). Today, hundreds of members of the
royal family hold the government's most important positions and own or control most of Saudi
Arabia's economic assets. Even more family members benefit from monthly stipends,
educational scholarships abroad, and other privileges that distance themselves from the rest of
society. The total wealth of the Saudi royal family is estimated to be worth billions.
While King Abdul Aziz was known to be modest in his behavior and retained the loyalty of his
clan base, his son Saud, who succeeded him, led an extravagant lifestyle and mismanaged
state revenues, leading to heightened social tensions between the kingdom's rich and poor.
Saud's irresponsible behavior caused the royal family to issue a decree in 1964 naming Saud's
half-brother Faisal as king, which was supported by the kingdom's ulama (Islamic religious
leaders).
Faisal's rule reflected more closely the modest behavior of his father, and he sought to
modernize the economy and improve the kingdom's educational system (for instance,
approximately 10 percent of the budget was devoted to education in the mid- to late 1960s). Oil
revenues increased during the 1973 war between Israel and two of its neighbors (Egypt and
Syria), when the Organization of Arab Petroleum Exporting Countries raised prices and imposed
an oil embargo on countries supporting Israel. In 1975, Faisal was assassinated by a
disgruntled nephew. However, Faisal's actions and those of his successors, Khalid (1975–82),
Fahd (1982–2005), and Abdullah, the current king (2005–), have failed to address endemic
economic, social, and political problems. For the past several decades, the government has
continuously sought to diversify its economic base by expanding the agricultural, banking, and
construction sectors, although the vast majority of the kingdom's revenues still come from oil
(around 75 percent as of 2006). Furthermore, Saudi Arabia still depends on foreign workers to
fill both skilled and unskilled positions. As of 2004, unemployment in Saudi Arabia for Saudi
males was estimated to range from 13 percent (the official figure) to as high as 25 percent (the
unofficial figure). These endemic economic problems coexist with ongoing rifts among various
groups in society, namely among modernists, the ulama, and traditional clan leaders. An
additional rift has emerged within the ulama, between those who remain loyal to the Saudi state
and those who support a more radicalized version of Islam and believe in the mission of jihad,
the belief that Muslims must struggle against nonbelievers and spread Islam. It is this latter
group that is associated with Osama bin Laden and his group, al-Qaeda, whose members
perpetrated the attacks of September 11, 2001 (to note, 15 of the 19 hijackers were from Saudi
Arabia).
Rule of Law
Saudi Arabia's practices diverge from the concept of
According to the longthe rule of law described in the "Rule of Law" Essential
standing oath between the alPrinciples (see Essential Principles). According to the
long-standing oath between the al-Saud and alSaud and al-Wahhab
Wahhab patriarchs in the 18th century, the Saudi state
must adhere to Islamic principles. The state's law thus
patriarchs in the 18th century,
follows the strict principles of Wahhabi Islam, the
the Saudi state must adhere to
conservative Sunni sect. According to Article 7 of the
Basic Law (the kingdom's constitution that was adopted
Islamic principles.
in 1992), the government's power is derived from the
Koran and the traditions of the Prophet Muhammad
(sunna). The kingdom is governed by Islamic or Sharia
law which follows the Koran and sunna. Although the Basic Law calls for judicial independence,
which the government has tended to respect in some cases, members of the royal family have
not been required to appear in courts. Furthermore, the members of the kingdom's high court,
the Supreme Judicial Council, are appointed by the king, and the council is responsible for
appointing and removing other judges in the court system.
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Elements of the Law
Aside from prohibitions against common criminal activities, Saudi law prohibits the sale of
alcohol, most forms of public entertainment (such as cinemas), and anything with sexual
content. There have been minor openings in the area of media freedom due to the impact of
regional media outlets (leading Freedom House to improve Saudi Arabia's civil liberties rating
from 7 to 6 in its Freedom in the World 2006 survey). Nevertheless, the government continues
to exert strong control over the country's media outlets, and journalists face punishment and
harassment for publishing articles or opinions deemed critical of the government or insulting to
Islam.
Women face significant discrimination in Saudi Arabia. Under Saudi law, women are denied the
right of self-guardianship, meaning that they must be represented in court by men, and in cases
of divorce, they may easily lose rights to their home, children, and finances. In general, women
are prevented from doing many things common in other societies. Women are not permitted to
mix with men in public places, such as mosques, shopping malls, eateries, hospitals, and
schools, to drive, or to travel outside of the country without a male chaperone. Today, women
are present in the workforce, mainly in health care and education, although they must use male
representatives to do business with males. Women cannot vote. Furthermore, under Sharia law,
one man's testimony is equal to that of two women.
Enforcement of the Law
In Saudi Arabia, Sharia law is enforced by the
In general, women are
Committee for the Propagation of Virtue and
prevented from doing many
Prevention of Vice, informally known as the religious
police, which is a semi-autonomous police force
things common in other
connected to the religious establishment. The
government also maintains other police forces for
societies.
border security and for the protection of the king, the
largest force. The religious police are accused of acting
arbitrarily and harshly, such as punishing women for being raped. Often, women are wrongly
targeted, but only in a few cases have women successfully sought justice against the rapists
(see Resources, especially the article in the Washington Post, December 23, 2006).
Administration of the Law
The Ministry of Justice, which was established by King Faisal in 1970, oversees the system of
several hundred Sharia courts, which are presided over by judges appointed or approved by the
king. The justice minister is selected by the king from among the kingdom's leading religious
authorities. Since 1983, the minister of justice has also served as the head of the Supreme
Judicial Council. Overall, the kingdom's ulama includes several thousand judges (qadi),
scholars, lawyers, imams, and other religious officials. The close relationship between the
government and the religious community is maintained through regular meetings with the
Council of Senior Ulama, comprising the kingdom's most respected and senior religious leaders.
Most Sharia courts have one judge who may be chosen to serve this role only after years of
study of the Koran and sunna. Most cases are heard in closed sessions, despite the
requirement for open proceedings, as outlined in the kingdom's most recent criminal code
implemented in 2002. Although a few courts of appeal do exist, the king still possesses the final
decision on most key matters, and his approval is necessary for all death sentences and
amputations. Usually, cases are decided swiftly without due process, although the new criminal
code requires those accused to have defense lawyers. Only the bravest of lawyers, however,
challenge decisions of the qadis; usually appeals to the king are based on mercy, not on justice
or innocence.
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Punishment is severe and corporal punishment is common. Judges routinely sentence those
found guilty to lashings. Amputations of hands or arms for theft are common. The death penalty
is routinely applied, frequently by beheading.
Conclusion
The symbiotic relationship between the monarchy and the ulama is unique in the Middle East,
and arguably, only in Iran do religious authorities play an even greater role in state affairs
(see Country Study of Iran). Not surprisingly, the two countries vie for international influence and
for the export of their respective brands of Islam. What is clear is that any reform of Saudi
Arabia's legal system and the introduction of the rule of law will require fundamental reforms to
its Basic Law.
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