1. Overview of Saudi Arabia’s Political System

Saudi Arabia is an absolute monarchy, meaning the political power is concentrated in the hands of the king. The monarchy is the central governing force, and the king holds significant executive, legislative, and judicial powers. The King of Saudi Arabia is both the head of state and the head of government, which means he has the authority to make decisions on a wide range of political, economic, and social issues without the need for approval from a legislative body like a parliament.

The political system is deeply influenced by Islamic principles, particularly Sharia law, which forms the foundation of the country’s legal framework. While Saudi Arabia has institutions such as the Majlis al-Shura (Consultative Council) to assist in governance, these bodies are advisory in nature, and their recommendations require the approval of the king.

In practice, the political system in Saudi Arabia does not allow for public elections or a separation of powers like in democratic nations. The monarchy and its associated councils hold substantial control over the government’s functions, and political opposition is not permitted in the way it might be in democratic systems. While the king may consult with the Shura Council and other advisors, the king’s decisions are paramount in determining the country’s direction. This centralized, monarchic structure distinguishes Saudi Arabia from more pluralistic political systems.

2. The Majlis al-Shura (Consultative Council)

The Majlis al-Shura, also known as the Consultative Council, is a key advisory body within Saudi Arabia’s legislative framework. It was established in its modern form in 1992 through a royal decree by King Fahd, though its roots trace back to Islamic traditions of consultation (Shura) emphasized in the Quran. The council plays a critical role in the legislative process by providing advice and recommendations to the king on laws and policies.

Structure and Composition

The council consists of 150 members, all appointed by the king. These members are selected based on their expertise in various fields such as law, economics, medicine, and religion. Members serve a four-year renewable term. While the council has seen some progress in terms of diversity, including the appointment of women since 2013, all appointments remain at the discretion of the king, ensuring centralized control.

Functions and Authority

The Shura Council has several responsibilities, including:

• Reviewing Laws: It examines and proposes amendments to existing laws or drafts new ones.
• National Budget and Policies: The council discusses the country’s budget, economic plans, and national policies.
• Advisory Role: It advises the king on matters of public interest and provides suggestions on improving government operations.
• International Agreements: The council reviews treaties and international agreements before they are approved by the king.

Despite its critical advisory functions, the council does not have legislative power in the traditional sense. Its proposals and recommendations must be approved by the king to become law.

Limitations

Although the Shura Council contributes to the decision-making process, it does not have the autonomy to enact or enforce laws. It functions entirely under the authority of the king, and its influence is limited to an advisory capacity. This structure reflects Saudi Arabia’s centralized system, where ultimate power resides with the monarchy.

The Shura Council symbolizes a blend of traditional Islamic governance and modern advisory roles, offering a platform for experts and stakeholders to discuss national issues while reinforcing the king’s authority in the legislative process.

3. The King’s Role in Legislation

In Saudi Arabia, the king holds unparalleled authority over the legislative process. The kingdom operates under an absolute monarchy, meaning the king’s power extends to all major aspects of governance, including lawmaking. The king plays a central role in shaping the nation’s laws, policies, and overall direction, and his decisions are final and binding. This system of governance means that the king is not only the head of state but also the primary lawmaker, with the ability to enact, amend, or veto laws as he sees fit.

Process of Lawmaking

While the Majlis al-Shura plays an advisory role, the king holds ultimate decision-making power. Proposals for new laws or changes to existing laws are first discussed and recommended by the Shura Council, which debates and reviews various aspects of the proposals. However, these recommendations are just that—suggestions.

Once the council presents its proposals, the king has the authority to either:

• Approve the Proposal: If the king agrees with the recommendations of the Shura Council, he can issue a royal decree to formalize the law.
• Amend the Proposal: The king can modify the law as he sees fit before passing it.
• Reject the Proposal: If the king disagrees with the council’s recommendations or believes that the law is not in the best interest of the country, he has the power to reject the proposal outright.

Once approved, royal decrees issued by the king become law, and they carry the full weight of the legal system in Saudi Arabia.

Islamic Influence on the King’s Decision-Making

The king’s decisions must also align with the principles of Sharia (Islamic law), which is the foundation of Saudi Arabia’s legal system. In matters of lawmaking, the king must ensure that any proposed legislation adheres to Islamic principles as interpreted by the country’s religious scholars. This means that all laws and decrees are scrutinized to ensure they comply with Sharia, making the religious aspect of the king’s role an essential part of the legislative process.

Centralization of Power

The king’s role in the legislative process reflects the highly centralized nature of Saudi Arabia’s political system. Unlike parliamentary systems, where elected representatives hold legislative authority, Saudi Arabia’s structure is built on the authority of a single ruler. This centralization allows the king to make swift decisions on national matters without the need for consensus or approval from other political bodies, reinforcing the notion of absolute monarchy.

In this system, the king’s decisions are often final and not subject to public debate or opposition in the same way as in democratic systems. This central role not only defines the legislative process but also underlines the governance model of Saudi Arabia as being deeply tied to both the king’s personal authority and Islamic law.

4. Islamic Sharia Law

Islamic law, or Sharia, plays a foundational and defining role in the legislative framework of Saudi Arabia. Sharia is derived from the Quran (the holy book of Islam), the Sunnah (the actions and sayings of the Prophet Muhammad), and other Islamic jurisprudence. It provides the moral, legal, and ethical foundation for all laws and regulations in Saudi Arabia, deeply influencing not just the legal system but also the social, political, and cultural life of the kingdom.

Role of Sharia in Saudi Legislation

Sharia is the ultimate source of law in Saudi Arabia. The kingdom’s legal system is unique in that it is based entirely on Islamic principles, unlike many other countries that adopt secular legal codes or combine secular and religious laws. In practice, this means that all proposed laws, regardless of the issue at hand, must be evaluated against Islamic teachings to ensure they are in accordance with Sharia.

For example, in areas such as family law, criminal law, and economic transactions, the application of Sharia is evident. Issues like marriage, inheritance, and criminal punishments (e.g., penalties for theft or adultery) are all grounded in Islamic teachings. Furthermore, the ulama (Islamic scholars) often have a significant role in advising the king and the Shura Council on whether proposed laws align with Islamic principles.

Influence on Lawmaking

When the Majlis al-Shura debates and proposes new laws, they must consider the compatibility of those laws with Sharia. Even though the Shura Council may propose legislation on various national matters, such as economic reform or social issues, all laws are subject to scrutiny to ensure that they do not conflict with Islamic teachings.

The Council of Senior Scholars (Hay’at Kibar al-Ulama), a body of religious scholars, plays a critical role in ensuring that the legal framework of the kingdom remains compliant with Islamic values. The scholars are tasked with interpreting Sharia and advising the king on whether new laws adhere to Islamic principles.

Sharia Courts

Saudi Arabia also has Sharia courts, which handle cases involving personal status law (such as divorce, marriage, and inheritance), criminal offenses, and disputes over contracts. These courts operate based on strict interpretations of Sharia, and judges (Qadis) are well-versed in Islamic law. The Sharia courts are essential to the administration of justice in the kingdom and serve as the primary mechanism for resolving legal disputes.

Contemporary Challenges

While Sharia law remains central, Saudi Arabia has made efforts to modernize its legal system in line with the country’s evolving social and economic needs. This modernization includes legal reforms in areas such as women’s rights, the economy, and the business environment, while still ensuring these changes align with Sharia. For instance, recent reforms have allowed women more rights in areas like driving and employment, though these changes are still carefully structured to respect Islamic principles.

Despite such progress, there is a delicate balance between modernizing the legal system to cater to international standards and maintaining strict adherence to Sharia. This ongoing balance shapes Saudi Arabia’s legislative development and underlines the significant influence of Islam in the country’s legal and political processes.

5. Legislative Process and Limitations

The legislative process in Saudi Arabia is distinct due to the centralization of power in the hands of the king and the unique relationship between religion and governance. Unlike countries with democratic parliaments or independent judicial systems, Saudi Arabia’s legislative process is closely tied to the monarchy, with the king having the final say in all matters. However, there are key elements of the process that are worth understanding to see how legislation is developed and the limitations inherent in the system.

The Legislative Process

In Saudi Arabia, the creation of laws typically follows a structured but centralized process:

1. Proposal Stage: Legislative proposals begin with the Majlis al-Shura (Consultative Council), which is responsible for reviewing and discussing potential laws. Members of the Shura Council propose new laws or amendments to existing ones, based on national needs or issues facing the kingdom.
2. Review and Debate: Once a proposal is submitted, the council deliberates on its merits, ensuring it aligns with both national interests and Sharia law. The council may conduct further discussions, gather expert opinions, and refine the proposal.
3. Royal Approval: After the Shura Council finalizes its recommendations, the proposed legislation is presented to the king. At this point, the king has the authority to either approve, amend, or reject the proposed law.
4. Issuance of Royal Decrees: If the king approves the legislation, it is issued as a royal decree, which immediately becomes law. These decrees are binding and hold the same legal weight as laws passed in other legislative systems.

Key Limitations

While the legislative process in Saudi Arabia allows for some degree of consultation through the Shura Council, there are several limitations that define the system:

1. Centralization of Power: The key limitation in the Saudi legislative process is the centralization of power in the king’s hands. The Shura Council can advise and recommend, but it is ultimately the king who holds the final decision-making authority. This means that Saudi Arabia does not have a fully representative legislative body or independent lawmaking process like many other countries.
2. No Elected Parliament: Unlike in democracies where lawmakers are elected by the people to represent their interests, the members of the Majlis al-Shura are appointed by the king. This means that there is no direct public input into the legislative process. While there is some level of expertise and consultation, it does not reflect the will of a voting electorate.
3. Religious Oversight: Another limitation is the strong influence of Sharia law in the legislative process. While this ensures the country’s laws remain aligned with Islamic values, it can also limit flexibility in passing laws that may be necessary for modernizing the country or addressing contemporary issues. Legal reforms, such as changes to women’s rights or the economic system, are carefully considered to ensure they comply with Islamic principles, which can delay or restrict progress.
4. Lack of Checks and Balances: In most democratic systems, a separation of powers exists between the executive, legislative, and judicial branches of government. However, in Saudi Arabia, these powers are not clearly separated. The king is both the head of state and the head of government, with a large degree of influence over the legal system, including the judiciary. This lack of checks and balances means there is little independent oversight of the legislative process or the laws passed by the king.
5. Limited Public Participation: Public participation in the legislative process is minimal. Saudi Arabia does not hold elections for a legislative body, and most legal changes are determined by the king, with advice from the Shura Council. The general public has little influence over the creation of laws, which contrasts with systems where citizens can vote on policies or elect representatives to craft laws on their behalf.

Conclusion

The legislative process in Saudi Arabia is characterized by a unique combination of centralized monarchy, religious law, and advisory consultation. While the Shura Council plays a vital role in advising the king and presenting proposals, the king retains ultimate power in lawmaking. Sharia law influences every aspect of legislation, ensuring that laws remain in accordance with Islamic principles. However, the system is limited by its lack of electoral representation, public involvement, and checks and balances, making it a highly centralized and monarchical form of governance.