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Saudi Arabia
{ Adopted on: March
1992 }
{ Adopted by Royal decree of King Fahd } { ICL Document Status: Oct
1993 }
Chapter 1 General
Principles
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 2
The state's public holidays are Id al-Fitr and Id al-Adha. Its
calendar is the Hegira calendar.
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 it's 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 4
The state's emblem shall consist of two crossed swords with a palm
tree in the upper space between them. The statute shall define the
state's anthem and its medals.
Chapter 2 [Monarchy]
Article 5
(a) The system of government in the Kingdom of Saudi Arabia is that
of a monarchy.
(b) Rule passes to the sons of the founding King, Abd al-Aziz Bin
Abd al-Rahman al-Faysal Al Sa'ud, and to their children's children.
The most upright among them is to receive allegiance in accordance
with the principles of the Holy Koran and the Tradition of the
Venerable Prophet.
(c) The King chooses the Heir Apparent and relieves him of his
duties by Royal order.
(d) The Heir Apparent is to devote his time to his duties as an Heir
Apparent and to whatever missions the King entrusts him with.
(e) The Heir Apparent takes over the powers of the King on the
latter's death until the act of allegiance has been carried out.
Article 6
Citizens are to pay allegiance to the King in accordance with the
holy Koran and the tradition of the Prophet, in submission and
obedience, in times of ease and difficulty, fortune and adversity.
Article 7
Government in Saudi Arabia derives power from the Holy Koran and the
Prophet's tradition.
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.
Chapter 3 Features
of the Saudi Family
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 12
The consolidation of national unity is a duty, and the state will
prevent anything that may lead to disunity, sedition and separation.
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.
Chapter 4 Economic
Principles
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 15
No privilege is to be granted and no public resource is to be
exploited without a law.
Article 16
Public money is sacrosanct. The state has an obligation to protect
it and both citizens and residents are to safeguard it.
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 18
The state protects freedom of private property and its sanctity. No
one is to be stripped of his property except when it serves the
public interest, in which case fair compensation is due.
Article 19
Public confiscation of money is prohibited and the penalty of
private confiscation is to be imposed only by a legal order.
Article 20
Taxes and fees are to be imposed on a basis of justice and only when
the need for them arises. Imposition, amendment, revocation and
exemption is only permitted by law.
Article 21
Alms tax is to be levied and paid to legitimate recipients.
Article 22
Economic and social development is to be achieved according to a
just and scientific plan.
Chapter 5 Rights and
Duties
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 24 [Holy
Places]
The state works to construct and serve the Holy Places; it provides
security and care for those who come to perform the pilgrimage and
minor pilgrimage in them through the provision of facilities and
peace.
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, 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 27 [Welfare
Rights]
The state guarantees the rights of the citizen and his family in
cases of emergency, illness and disability, and in old age; it
supports the system of social security and encourages institutions
and individuals to contribute in acts of charity.
Article 28 [Work]
The state provides job opportunities for who-ever is capable of
working; it enacts laws that protect the employee and employer.
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 30
[Education]
The state provides public education and pledges to combat
illiteracy.
Article 31 [Health
Care]
The state takes care of health issues and provides health care for
each citizen.
Article 32
[Environment, Nature]
The state works for the preservation, protection, and improvement of
the environment, and for the prevention of pollution.
Article 33 [Armed
Forces]
The state establishes and equips the Armed Forces for the defence of
the Islamic religion, the Two Holy Places, society, and the citizen.
Article 34 [Military
Service]
The defence of the Islamic religion, society, and country is a duty
for each citizen. The regime establishes the provisions of military
service.
Article 35
[Citizenship]
The statutes define the Regulations governing Saudi Arabian
nationality.
Article 36 [Arrest]
The state provides security for all its citizens and all residents
within its territory and no one shall be arrested, imprisoned, or
have their actions restricted except in cases specified by statutes.
Article 37 [Home]
The home is sacrosanct and shall not be entered without the
permission of the owner or be searched except in cases specified by
statutes.
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 39
[Expression]
Information, publication, and all other media shall employ courteous
language and the state's regulations, and they shall contribute to
the education of the nation and the bolstering of its unity. All
acts that foster sedition or division or harm the state's security
and its public relations or detract from man's dignity and rights
shall be prohibited. The statutes shall define all that.
Article 40
[Communication]
Telegraphic, postal, telephone, and other means of communications
shall be safeguarded. They cannot be confiscated, delayed, read or
listened to except in cases defined by statutes.
Article 41
[Residents' Duties]
Residents of the Kingdom of Saudi Arabia shall abide by its laws and
shall observe the values of Saudi society and respect its traditions
and feelings.
Article 42 [Asylum,
Extradition]
The state shall grant the right to political asylum when the public
interest demands this. Statutes and international agreements shall
define the rules and procedures governing the extradition of common
criminals.
Article 43 [Royal
Courts]
The King's Court and that of the Crown Prince shall be open to all
citizens and to anyone who has a complaint or a plea against an
injustice. Every individual shall have a right to address the public
authorities in all matters affecting him.
Chapter 6 The Authorities of the State
Article 44
The authorities of the state consist of the following: the judicial
authority;
the executive authority;
the regulatory authority.
These authorities cooperate with each other in the performance of
their duties, in accordance with this and other laws. The King shall
be the point of reference for all these authorities.
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 it's (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 judgements except in the case of
the Islamic Shari'ah.
Article 47
The right to litigation is guaranteed to citizens and residents of
the Kingdom on an equal basis. The law defines the required
procedures for this.
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 49
Observing what is stated in Article 53, the courts shall arbitrate
in all disputes and crimes.
Article 50
The King, or whoever deputizes for him, is responsible for the
implementation of judicial rulings.
Article 51
The authorities establish the formation of the Higher Council of
Justice and its prerogatives; they also establish the seniority of
the courts and their prerogatives.
Article 52
The appointment of judges and the termination of their duties is
carried out by Royal decree by a proposal from the Higher Council of
Justice in accordance with the provisions of the law.
Article 53
The law establishes the seniority of the tribunal of complaints and
its prerogatives.
Article 54
The law establishes the relationship between the investigative body
and the Prosecutor-general, and their organization and prerogatives.
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 defence of the
country.
Article 56
The King is the head of the Council of Ministers; he is assisted in
carrying out his duties by members of the Council of Ministers, in
accordance with the provisions of this and other laws. The Council
of Ministers establishes the prerogatives of the Council regarding
internal and external affairs, the organization of and co-ordination
between government bodies. It also establishes requirements to be
fulfilled by ministers, their prerogatives, the manner of their
questioning and all issues concerning them. The law on the Council
of Ministers and its prerogatives is to be amended in accordance
with this law.
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 58
The King appoints those who enjoy the rank of ministers, deputy
ministers and those of higher rank, and relieves them of their posts
by Royal decree in accordance with the explanations included in the
law. Ministers and heads of independent departments are responsible
before the prime minister for the ministries and departments which
they supervise.
Article 59
The law defines the rules of the civil service, including salaries,
awards, compensations, favors and pensions.
Article 60
The King is the commander-in-chief of all the armed forces. He
appoints officers and puts an end to their duties in accordance with
the law.
Article 61
The King declares a state of emergency, general mobilization and
war, and the law defines the rules for this.
Article 62
If there is a danger threatening the safety of the Kingdom or its
territorial integrity, or the security of its people and its
interests, or which impedes the functioning of the state
institutions, the King may take urgent measures in order to deal
with this danger And if the King considers that these measures
should continue, he may then implement the necessary regulations to
this end.
Article 63
The King receives Kings and Heads of State. He appoints his
representatives to states, and he receives the credentials of state
representatives accredited to him.
Article 64
The King awards medals, as defined by regulations.
Article 65
The King may delegate prerogatives to the Crown Prince by Royal
decree.
Article 66
In the event of his travelling abroad, the King issues a Royal
decree delegating to the Crown Prince the management of the affairs
of state and looking after the interests of the people, as defined
by the Royal decree.
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.
Article 68
[Consultative Council]
A Consultative Council is to be created. Its statute will specify
how it is formed, how it exercises its powers and how its members
are selected.
Article 69
The King has the right to convene the Consultative Council and the
Council of Ministers for a joint meeting and to invite whoever he
wishes to attend that meeting to discuss whatever matters he wishes.
Article 70
International treaties, agreements, regulations and concessions are
approved and amended by Royal decree.
Article 71
Statutes are to be published in the Official Gazette and take effect
from the date of publication unless another date is specified.
Chapter 7 Financial
Affairs
Article 72
(a) The statute explains the provisions concerning the state's
revenue and its entry in the state's general budget.
(b) revenue is entered and spent in accordance with the rules
specified in the statute.
Article 73
Any undertaking to pay a sum of money from the general budget must
be made in accordance with the provisions of the budget. If it is
not possible to do so in accordance with the provisions of the
budget, then it must be done in accordance with Royal decree.
Article 74
The sale, renting or use of state assets is not permitted except in
accordance with the statute.
Article 75
The statutes will define the monetary and banking provisions, the
standards, weights and measures.
Article 76
The law will fix the state's financial year and will announce the
budget by way of a Royal decree. It will also assess the revenues
and expenditure of that year at least one month before the start of
the financial year. If, for essential reasons, the budget is not
announced and the new financial year starts, the budget of the
previous year will remain in force until the new budget is
announced.
Article 77
The competent body will prepare the state's final statement of
account for the passing year and will submit it to the head of the
council of ministers.
Article 78
The same provisions will apply both to the budgets of the corporate
bodies and their final statements of account and to the state's
budget and its final statement of account.
Chapter 8 Control
Bodies
Article 79
All the state's revenues and expenditures will come under subsequent
control and all the state's movable and immovable funds will be
controlled in order to confirm the good use of these funds and their
preservation. An annual report will be submitted on this matter to
the head of the Council of Ministers. The law will define the
competent control body and its obligations and prerogatives.
Article 80
government bodies will come under control in order to confirm the
good performance of the administration and the implementation of the
statutes. Financial and administrative offenses will be investigated
and an annual report will be submitted on this matter to the head of
the Council of Ministers. The law will define the competent body in
charge of this and it's obligations and prerogatives.
Chapter 9 General
Provisions
Article 81
The implementation of this law will not prejudice the treaties and
agreements signed by the Kingdom of Saudi Arabia with international
bodies and organizations.
Article 82
Without violating the content of Article 7, no provision of this law
whatsoever may be suspended unless it is temporary such as in a time
of war or during the declaration of a state of emergency. This
temporary suspension will be in accordance with the terms of the
law.
Article 83
This law may only be amended in the same way as it was promulgated.
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