Saudi Arabia
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Features of Constitution1

Is there a constitution? No
Does the constitution provide for freedom of religion? No

Constitution2

Constitution Year not applicable
Last Amended not applicable
Source International Constitutional Law (ICL)
Translation Source is an English translation
Current as of May 11, 2011

Constitution Excerpts (clauses that reference religion)2

[ARDA Note: This text is the Basic Law of Saudi Arabia and was published in 1992. It lays out the organization of government in Saudi Arabia, but see Article 1 for Saudi Arabia�s legal position on the constitutional status of this document.]


Article 1

The Kingdom of Saudi Arabia is a sovereign Arab Islamic state with Islam as its religion; God's Book and the Sunnah of His Prophet, God's prayers and peace be upon him, are its constitution, Arabic is its language and Riyadh is its capital.


Article 3

The state's flag shall be as follows:
(a) It shall be green.
(b) Its width shall be equal to two-thirds of its length.
(c) The words "There is but one God and Mohammed is His Prophet" shall be inscribed in the center with a drawn sword under it. The statute shall define the rules pertaining to it.


Article 8 [Government Principles]

Government in the Kingdom of Saudi Arabia is based on the premise of justice, consultation, and equality in accordance with the Islamic Shari'ah.


Article 9

The family is the kernel of Saudi society, and its members shall be brought up on the basis of the Islamic faith, and loyalty and obedience to God, His Messenger, and to guardians; respect for and implementation of the law, and love of and pride in the homeland and its glorious history as the Islamic faith stipulates.


Article 10

The state will aspire to strengthen family ties, maintain its Arab and Islamic values and care for all its members, and to provide the right conditions for the growth of their resources and capabilities.


Article 11

Saudi society will be based on the principle of adherence to God's command, on mutual cooperation in good deeds and piety and mutual support and inseparability.


Article 13

Education will aim at instilling the Islamic faith in the younger generation, providing its members with knowledge and skills and preparing them to become useful members in the building of their society, members who love their homeland and are proud of its history.


Article 14

All God's bestowed wealth, be it under the ground, on the surface or in national territorial waters, in the land or maritime domains under the state's control, are the property of the state as defined by law. The law defines means of exploiting, protecting, and developing such wealth in the interests of the state, its security and economy.


Article 17

Property, capital, and labor are essential elements in the Kingdom's economic and social being. They are personal rights which perform a social function in accordance with Islamic Shari'ah.


Article 23 [Islam]

The state protects Islam; it implements its Shari'ah; it orders people to do right and shun evil; it fulfills the duty regarding God's call.


Article 25 [World Peace]

The state strives for the achievement of the hopes of the Arab and Islamic nation for solidarity and unity of word [sic?], and to consolidate its relations with friendly states.


Article 26 [Human Rights]

The state protects human rights in accordance with the Islamic Shari'ah.


Article 29 [Science, Culture]

The state safeguards science, literature and culture; it encourages scientific research; it protects the Islamic and Arab heritage and contributes toward the Arab, Islamic and human civilization.


Article 33 [Armed Forces]

The state establishes and equips the Armed Forces for the defense of the Islamic religion, the Two Holy Places, society, and the citizen.


Article 34 [Military Service]

The defense of the Islamic religion, society, and country is a duty for each citizen. The regime establishes the provisions of military service.


Article 38 [Punishment, nulla poena]

Penalties shall be personal and there shall be no crime or penalty except in accordance with the Shari'ah or organizational law. There shall be no punishment except for acts committed subsequent to the coming into force of the organizational law.


Article 45

The source of the deliverance of fatwa in the Kingdom of Saudi Arabia are God's Book and the Sunnah of His Messenger. The law will define the composition of the senior ulema body, the administration of scientific research, deliverance of fatwa and its (the body of senior ulema's) functions.


Article 46

The judiciary is an independent authority. There is no control over judges in the dispensation of their judgments except in the case of the Islamic Shari'ah.


Article 48

The courts will apply the rules of the Islamic Shari'ah in the cases that are brought before them, in accordance with what is indicated in the Book and the Sunnah, and statutes decreed by the Ruler which do not contradict the Book or the Sunnah.


Article 55

The King carries out the policy of the nation, a legitimate policy in accordance with the provisions of Islam; the King oversees the implementation of the Islamic Shari'ah, the system of government, the state's general policies; and the protection and defense of the country.


Article 57

(a) The King appoints and relieves deputies of the prime minister and ministers and members of the Council of Ministers by Royal decree.
(b) The deputies of the prime minister and ministers of the Council of Ministers are responsible, by expressing solidarity before the King, for implementing the Islamic Shari'ah and the state's general policy.
(c) The King has the right to dissolve and reorganize the Council of Ministers.


Article 67

The regulatory authority lays down regulations and motions to meet the interests of the state or remove what is bad in its affairs, in accordance with the Islamic Shari'ah. This authority exercises its functions in accordance with this law and the laws pertaining to the Council of Ministers and the Consultative Council.

Sources

1.  Data under the "Features of Constitution" heading are drawn from coding of the U.S. State Department's 2008 International Religious Freedom Reports conducted by researchers at the Association of Religion Data Archives. The article by Brian Grim and Roger Finke describes the coding of the International Religious Freedom reports. A dataset with these and the other international measures highlighted on the country pages can be downloaded from this website. Used with permission.

2.  The constitutional excerpts shown above are reproduced from the websites given in the "Source" field; the links to these websites were active as of May 2011. Where the constitutional text shown on these websites was provided in a language other than English, this text was translated to English by ARDA staff with assistance from web-based translation utilities such as Google Translate and Yahoo! Babel Fish. Constitutional text was converted to American English where applicable. Constitutional clauses were judged to contain religious content based largely on the standards used in the construction of the Religion and State Constitutions Dataset collected by Jonathan Fox. Emphases were added to the text by ARDA staff to highlight religious content in articles that also contain content that does not pertain to matters of religion. The data on this page were correct to the best of the knowledge of the ARDA as of the date listed in the "Current as of" field shown above. Please contact us at arda@pop.psu.edu if you are aware of any incorrect information provided on this page.