Saudi Arabia - Government
Saudi Arabia is an absolute monarchy. The king was not constrained by a written constitution, a legislative assembly, or elections. The Basic Law adopted in 1992 declared that Saudi Arabia is a monarchy ruled by the sons and grandsons of King Abd Al Aziz Al Saud, and that the Holy Qur'an is the constitution of the country, which is governed on the basis of Islamic law (Shari'a). There are no political parties or national elections; however, the country held its first municipal elections in 2005. The king's powers are limited because he must observe the Shari'a and other Saudi traditions. He also must retain a consensus of the Saudi royal family, religious leaders (ulema), and other important elements in Saudi society. In the past the leading members of the royal family chose the king from among themselves with the subsequent approval of the ulema. In November 2006, King Abdallah established an Allegiance Commission that will select future crown princes, a step designed to help formalize the selection process.
Saudis considered the Quran, the holy book of Islam, their country's constitution. The Quran is the primary source of the sharia. Because the sharia does not specifically address the conduct of most governmental matters, Saudi rulers, beginning with Abd al Aziz, have promulgated numerous regulations pertaining to the functions of government. In early 1992, King Fahd became the first Saudi monarch to compile these regulations into a single document called the main code (nizam). Promulgated as a royal decree, this document codified bureaucratic procedures and prohibited government agencies from arbitrarily arresting citizens or violating their privacy. Although the main code was not a formal constitution, it fulfilled some of the same purposes of such a document. However, the main code lacked any explicit clause guaranteeing the basic rights of citizens to freedom of belief, expression, assembly, or political participation.
The primary executive office of the king is the Royal Diwan. The king's principal advisers for domestic politics, religious affairs, and international relations have offices in the Royal Diwan. The king's private office also is in the Royal Diwan. The king conducts most routine government affairs from this office, including the drafting of regulations and royal decrees. In addition, the heads of several government departments have their offices in the diwan. These include the chief of protocol, the Office of Beduin Affairs; the Department of Religious Research, Missionary Activities, and Guidance; and, as well, the mutawwiin or Committees for the Propagation of Virtue and Prevention of Vice (popularly known as the Committees for Public Morality). The Department of Religious Research, Missionary Activities, and Guidance is headed by the most senior of the country's ulama. In 1992 this person was the blind religious scholar Shaykh Abd al Aziz ibn Baz, who spent much of his time in Medina, where he was in charge of the Prophet's Mosque.
The king also held his regular majlis, or court, in the Royal Diwan. The purpose of the majlis was to provide Saudi citizens an opportunity to make personal appeals to the king for redress of grievances or assistance in private matters. Plaintiffs typically sought the king's intervention with the state's bureaucracy. During the reigns of King Khalid and King Fahd, it was customary for each person attending the majlis to explain his complaints and simultaneously present a written petition, which the monarch would later study and answer in a subsequent session.
The Council of Ministers, created in 1953 by King Abd al Aziz shortly before his death, was the principal executive organ of the government. The Council of Ministers had authority to issue ministerial decrees, but it had no power separate from the king, who approved all its decisions. The office of prime minister had been abolished by royal decree in 1964, but the king, in his capacity as president of the Council of Ministers, served as the de facto prime minister. The crown prince was designated the first deputy prime minister, and the next prince in the line of succession was the second deputy prime minister.
In 1992 the Council of Ministers consisted of the king, the crown prince, three royal advisers who held official positions as ministers of state without portfolio, five other ministers of state, and the heads of the twenty ministries, including Minister of Defense and Aviation Amir Sultan, who also served as second deputy prime minister. The ministries included agriculture and water; commerce; communications; defense and aviation; education; finance and national economy; foreign affairs; health; higher education; industry and electricity; information; interior; justice; labor and social affairs; municipal and rural affairs; petroleum and mineral resources; pilgrimage affairs and religious trusts; planning; post, telephone, and telegraph; and public works and housing. In addition to these ministries, the Saudi Arabian National Guard, which was headed by Crown Prince Abd Allah, was similar in status to a ministry. The governors of Medina, Mecca, Riyadh, and the Eastern Province, as well as the governor of the Saudi Arabian Monetary Agency (SAMA) and the head of the General Petroleum and Mineral Organization (Petromin) also held ministerial rank.
Since 1962, Saudi kings periodically promised to establish a majlis ash shura, or consultative council, to advise them on governmental matters, but none of them undertook practical steps to establish such a body. In March 1992, King Fahd once again announced that a majlis ash shura would be appointed and specified its responsibilities. Fahd proposed a majlis of sixty-one members, all appointed by the king. The majlis would have limited authority to question ministers and propose legislation. The majlis would not have actual legislative powers but rather would serve as an advisory body that could make recommendations to the king. As of the end of 1992, King Fahd had named only a single individual to the majlis ash shura that he had proposed ten months earlier. In appointing the speaker, the king made no promises as to when Saudi citizens could expect the convening of the full majlis.
In September 1993, King Fahd issued additional reform decrees, appointing the members of the national Consultative Council and spelling out procedures for the new council's operations. He announced reforms regarding the Council of Ministers, including term limitations of 4 years and regulations to prohibit conflict of interest for ministers and other high-level officials. The members of 13 provincial councils and the councils' operating regulations also were announced in September 1993. In February, March, and April 2005, Saudis voted in the country's first municipal elections in more than 50 years. Women and male members of the military were not permitted to vote.
In July 1997, the membership of the Consultative Council was expanded from 60 to 90 members, and again in May 2001 from 90 to 120 members. In 2005, membership was expanded to 150 members. Membership has changed significantly during expansions of the council as many members have not been reappointed. The role of the Council is gradually expanding as it gains experience.
Justice is administered according to Shari'a by a system of religious courts. A 2007 law created a new Supreme Court to replace the Supreme Judicial Council (SJC) as Saudi Arabia's highest court authority. The same law transfers powers that the Ministry of Justice formerly exercised to the SJC, such as the authority to ability to establish and abolish courts, and name judges to the Courts of Appeal and First Instance. The independence of the judiciary is protected by law. The king has the authority to hear appeals and has the power to pardon in cases where the punishment is not ordained in the Qur'an. Access to high officials (usually at a majlis, or public audience) and the right to petition them directly are well-established traditions.
The kingdom is divided into 13 provinces governed by princes or close relatives of the royal family. All governors are appointed by the King. The members of 13 provincial councils and the councils' operating regulations also were announced in September 1993. In February, March, and April 2005, Saudis voted in the country's first municipal elections in more than 50 years. Women and male members of the military were not permitted to vote.
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