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SAUDI ARABIA CONSTITUTION
{ 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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