The laws of Saudi Arabia are strict and binding on everyone, including visitors. The public practice of any religion other than Islam is illegal in the country, as is the intention to convert others to this faith. Nevertheless, the Saudi authorities allow private practice of religions other than Islam, so you can bring the Bible to the country if it is intended for personal use. Islamic codes of conduct and clothing are required to be strictly enforced. Women should wear a conservative, loose outfit, as well as a full-length abaya cloak and shawl. Men are not allowed to wear shorts publicly. Extramarital sex, including adultery, is illegal and severely punished by imprisonment, as well as possession or sale of alcohol.
Legal system development
The Kingdom of Saudi Arabia, located in the middle of the Middle East, is the largest country in the region and the birthplace of Islam. The current state of Saudi Arabia was founded and united in 1932 by Ibn Saud. King Abdullah, a descendant of Ibn Saud, currently controls the country. Saudi Arabia is known for its oil and natural gas production; more than 20% of the world's oil reserves are located on its territory. The population is just over 26 million people. Among them, 90% of Arabs and 10% of Afro-Asians. The only religion is Islam. The population is young, people over 65 in the country are only 3%, and the average age is 25.3 years. Life expectancy is 74 years. The most important cities are Riyadh (the capital), Jeddah, Mecca and Medina. Most of the territory is a sandy desert. At the same time, the country has an important coastline in the Persian Gulf and in the Red Sea, which creates a certain political weight for Saudi Arabia in the world.
Abdul Aziz Al Saud is the first king of Saudi Arabia and the founder of the country's judicial system. Sharia, the main source of law in modern CA, was intensively developed by Muslim judges and scholars between the seventh and tenth centuries. Since the time of the Abbasid caliphate in the 8th century. n e. Sharia was adopted as the basis of the law in the cities of the Muslim world, including on the Arabian Peninsula, and supported by the rulers, eclipsing urf (Islamic customary law). However, in rural areas, urf continued to dominate, and was the main source of law among the Bedouins from Nejd in central Arabia until the beginning of the 20th century.
By the 11th century, four main Sunni schools of Islamic fiqh law were created in the Muslim world, each of which has its own interpretations of Sharia: Hanbali, Maliki, Shafi and Hanafi. In 1925, Abdul Aziz Al Saud from Nade conquered the Hejaz and merged it with its existing territories to form the Kingdom of Saudi Arabia in 1932. The system of Sharia courts and state tribunals created by Abdul Aziz remained largely in force until the 2007 judicial reform.
Until 1970, the judiciary was the responsibility of the Great Mufti, the country's highest religious authority. When the current Great Mufti died in 1969, the then King Faisal decided not to appoint a successor and took the opportunity to transfer responsibility to the Ministry of Justice.
Current legislation
The legislative system is Sharia, based on various Islamic texts and regulating the activities of all believers in the country. What a European thinks is normal at home can cause insults in Saudi Arabia and be punishable with public flogging, imprisonment, deportation, amputation and even death.
In addition to the general police, Islamic moral codes are monitored by an organization of volunteers and officials who enforce Saudi laws regarding Sharia on behalf of the ruling royal family, in particular the Committee for the Promotion of Virtue and the Prevention of Vice.
In Saudi Arabia, everything goes around five (20-30 minutes) daily prayers. Almost all organizations are closed during each prayer, except for hospitals, airports, public transport and taxis. Religious police patrol the streets and send idly loitering people to the nearest mosque. Therefore, it is better not to go outside during these periods in order to avoid the claims of Mutawa.
Crown Prince Mohammed bin Salman carried out several Ottawa reforms as part of the Vision of 2030 initiative aimed at developing tourism in the country. These include limiting patrols during working hours and a substantial reduction in the list of reasons for the delay or arrest of foreigners.
Public criticism of the king, royal family or Saudi government is unacceptable and will draw the attention of Ottawa or other police. Criticism of the flag of Saudi Arabia is considered an insult, as it carries Islamic recognition of the faith. Desecration or any other improper use of the flag can result in severe punishment.
Law supremacy
The legal system of Saudi Arabia is based on Sharia, Islamic law, originating from the Koran and the Sunnah (Traditions) from the Islamic prophet Muhammad. Sources of Shariah also include Islamic scientific consensus developed after the death of Muhammad. 18th-century Wahhabism influences its interpretation by judges in Saudi Arabia. The only Shariah in the Muslim world was adopted by Saudi Arabia in an uncodified form. This and the lack of judicial precedent led to uncertainty in the scope and content of the laws of Saudi Arabia.
Therefore, the government announced its intention to codify Sharia in 2010. On January 3, 2018, progress was made in this direction after the publication of a collection of legal principles and precedents. Sharia was also supplemented by regulations. However, Sharia remains the fundamental law of Saudi Arabia, especially in areas such as crime, family, commercial and contract law. Features of land and energy law are due to the fact that a significant part of the property of Saudi Arabia is assigned to the royal family.
Since the sharia used by the courts of the CA is not codified, and the judges are not bound by a judicial precedent, the scope and content of the law are unclear. A study published by the Albert Shanker Institute and Freedom House criticized a number of aspects of the administration of justice in the SA and concluded that "country practice" is at odds with the concept of the rule of law of Saudi Arabia. The study claims that caddis (judges) make decisions without following due process, and only the most daring lawyers dispute the caddis verdict, and appeals to the king are based on mercy and not on justice or innocence.
Sources of law
The Quran is the primary source of Saudi law. Muslim countries that accept Sharia usually determine which parts of the Sharia are enforceable and codify them. Unlike other Muslim countries, Saudi Arabia considers the uncodified Sharia as a whole as the law of the country and does not interfere with it.
In addition, there are documents in the field of law, which in Saudi Arabia do not apply to the law. Royal decrees (nizam) are another main source of law, but they are called normative acts rather than laws indicating that they are subject to Sharia. They complement Shariah in areas such as labor, commercial and corporate law. In addition, other forms of regulation (laiyah) include the Royal Orders, Council of Ministers Resolutions, Ministerial Resolutions and circulars. Any Western commercial laws or institutions are adapted and interpreted in terms of Sharia law.
Criminal penalties
Types of criminal punishment in Saudi Arabia include decapitation, hanging, stoning, amputation, and flogging. Serious criminal offenses include not only internationally recognized crimes such as murder, rape, theft and robbery, but also apostasy, adultery and witchcraft. At the same time, judges often appoint execution in Saudi Arabia for theft, which resulted in the death of the victim. In addition to regular police forces in Saudi Arabia, there is a secret Malachite police force and Mutawa religious police.
Western human rights organizations such as Amnesty International and Human Rights Watch have criticized both Malachite and Mutawa, as well as a number of other aspects of human rights in Saudi Arabia. These include the number of executions, the range of crimes that are subject to the death penalty, the lack of guarantees for defendants in the criminal justice system, the use of torture, the lack of religious freedom and the extremely disadvantaged position of women.
Crimes for which the death penalty in Saudi Arabia is prescribed by law:
- Aggravated homicide.
- Robbery leading to death.
- Crimes related to terrorism.
- Rape.
- Abduction
- Drug trafficking.
- Adultery.
- Apostasy.
- There have been death sentences in the form of executions for accidents in Saudi Arabia.
Categories of capital offenders:
- Pregnant women.
- Women with small children.
- Mentally ill.
Courts and judiciary
The Sharia court system is the foundation of the CA judicial system. Judges and lawyers form part of the ulama, the country's religious leadership. There are also government tribunals that deal with specific royal decrees and, since 2008, specialized courts, including the Complaints Board and the Specialized Criminal Court. The final appeal by the Sharia courts and state tribunals goes to the king. Since 2007, the laws of Saudi Arabia and the penalties imposed by courts and tribunals have been implemented in accordance with the rules and procedures for proving Sharia.
Sharia courts have general jurisdiction over most civil and criminal cases. Cases are considered sole judges, with the exception of criminal cases involving a sentence - death, amputation or stoning. In these cases, a panel of three judges reviews the case. There are also two courts for the Shiite minority in the Eastern Province, dealing with family and religious issues. Courts of Appeal sit in Mecca and Riyadh and examine decisions for compliance with Sharia.
There are also non-Sharia courts covering specialized areas of law, the most important of which is the Complaints Board. This court was originally created to deal with complaints against the government, but since 2010 also has jurisdiction over commercial and certain criminal cases, such as bribery and forgery. It acts as a court of appeal for a number of countries and government tribunals.
The judicial institution consists of Kadi, who make binding decisions on specific court cases, the Muftis and other members of Ulema, issuing general, but very influential legal opinions (fatwas). The Great Mufti is the oldest member of the judiciary, as well as the highest religious authority in the country, his opinions are very influential in the Saudi judicial system. The judiciary, that is, the qadi body consists of about 700 judges. This is a relatively small number, according to critics, for a country with a population of more than 26 million.
Constitution of the country
The Qur'an is declared the constitution of Saudi Arabia, which is an absolute monarchy, and does not have a legal obligation to approve a separate fundamental law. Therefore, in 1992, the Basic Law of Saudi Arabia was adopted by royal decree. It describes the responsibilities and processes of governing institutions; however, the document is not specific enough to be considered a constitution. The document states that the king must abide by Sharia, and that the Qur'an and Sunnah are the constitution of the country. The interpretation of the Qur'an and Sunnah remains necessary, and this is done by the terminals, the Saudi religious establishment.
The fundamental law states that the monarchy is a system of government in the Kingdom of Saudi Arabia. The rulers of the country should be among the sons of the founder of King Abdulaziz ibn Abdul Rahman Al-Faisal Al-Saud and their descendants. The most honest of them will receive devotion, according to the Book of Almighty God and the Sunnah. The government in the Kingdom of Saudi Arabia derives its authority from the Book of God and the Sunnah of the Prophet. Governance in the Kingdom of Saudi Arabia is based on justice, shura (consultation) and equality, in accordance with Islamic Sharia.
The country's first criminal procedure code was introduced in 2001 and contains provisions borrowed from Egyptian and French law. Human Rights Watch said in a 2008 report that judges either did not know about the Code of Criminal Procedure or knew about it, but they usually ignored the code. Criminal law is regulated by Sharia and includes three categories: Khudud (fixed punishments of the Koran for specific crimes), Kisas (punitive punishments face-to-face) and Tazir - a general category.
Hoodood crimes include theft, robbery, blasphemy, apostasy, and fornication. Kisas crimes include murder or any other crime involving bodily harm. Tazir represents most cases, many of which are defined by national regulations, such as bribery, human trafficking, and drug abuse. The most common punishment for a Tazir crime is flogging.
Proof of the parties and the rights of the defendants
Conviction requires evidence in one of three ways. The first is unconditional recognition. As an alternative, two male witnesses or four in the case of adultery are accepted. Female evidence usually carries half the weight of men in Sharia courts, but women’s testimonies are generally not allowed in criminal trials. Evidence from non-Muslims or Muslims whose teachings are considered unacceptable, such as Shiites, may also not be taken into account. Finally, confirmation or denial of the oath may be required. Taking the oath is taken especially seriously in a religious society such as the SA, and a refusal to take the oath will be seen as a guilty plea leading to condemnation.
For all this, the rights of the accused are systematically violated. Laws and penalties in Saudi Arabia stagnate and are catastrophically behind the world level due to the fact that the criminal code does not exist, so there is no way to find out what is considered a crime and what is right. Since 2002, the Code of Criminal Procedure has been in force, but it does not include all international standards of the fundamental rights of the accused. For example, the code gives the prosecutor the right to issue arrest warrants and extend the period of pre-trial detention without judicial review. Another example is that allegations received through torture and other degrading treatment are accepted by the court.
Defendants have few rights. The judicial system is subject to serious international violations, such as arrests without a warrant, degrading treatment during interrogations, lengthy detention, trials and even sentencing without notice, judicial delays and various obstacles to collecting evidence. There is no bail in the country, and defendants can be detained without official charges, and decisions are often made to execute tourists in Saudi Arabia.
Defendants are not allowed to hire a lawyer due to daunting injunctions. To try to solve this problem, the Shura Council approved in 2010 the creation of a public defender program. After that, the statement of the accused began to be taken into account, although inequality in society still exists, thus, the testimony of a man is equal to the testimony of two women. The processes are secret, and the jury system does not exist. During the trial against a foreigner, the presence of foreign representatives of embassies in Saudi Arabia is not permitted. The defendant may appeal the decision to the Ministry of Justice or, in serious cases, to the court of appeal. Death sentences or amputations are considered by the board of appeal of five judges. In relation to everything connected with death sentences at the discretion of the court, the Council of Surya requires unanimity in the decision of the court of appeal. Король принимает окончательное решение по всем смертным приговорам.
Основные запреты
Законы Саудовской Аравии нужно знать, прежде чем ехать в страну. Перечень основных запретов, чтобы обеспечить безопасную поездку:
- Если турист берет с собой лекарства, нужно иметь при себе рецепт врача.
- Импорт свинины запрещен.
- Порнографические материалы или иллюстрации оголенных людей, особенно женщин, запрещены.
- Электронные устройства могут проверяться и отбираться таможенными органами по прибытии и отбытии.
- Наказание за контрабанду наркотиков предусматривает казнь человека в Саудовской Аравии.
- Фотографирование правительственных зданий, военных сооружений и дворцов не допускается.
- Фотографировать местных жителей запрещено.
- Бинокль может быть конфискован в порту въезда.
- В Саудовской Аравии запрещено иметь 2 паспорта. Вторые паспорта будут конфискованы иммиграционными властями.
- Турист должен иметь ксерокопию своего паспорта для идентификации.
- Алкоголь запрещен и незаконен на всей территории страны.
- Рекомендуется быть осторожными с местным напитком "арак". Помимо того, что его употребление незаконно, он содержит вредные примеси, такие как метанол.
- Личное использование, оборот или контрабанда наркотиков в Саудовской Аравии являются незаконными, а наказание - смертная казнь.
