PART I EXECUTIVE SUMMARY OF POLITICAL SYSTEM OF SAUDI ARABIA 1 EXECUTIVE SUMMARY Literally, Islam means submission, peace and salvation. The Islamic religion is the absolute submission to God according to the heavenly revelations. Thus all Prophets, peace be upon them, came with the same essentials of belief: belief in God‘s Existence and Unity, final destruction, Resurrection and Judgment etc., as well as common pillars such as worshipping God, paying zakat and abiding by noble values. Each prophet hood differed in terms of details of rules and duties. Islam, which was revealed to Prophet Muhammad, is the most comprehensive of all these forms.This was clearly stated in the Holy Qur‘an: ―This day have I perfected your religion for you. Completed My favor upon you, and have chosen for you Islam as your religion.‖ There is the system of faith and ideology, the system of worship, and the system of people‘s mutual dealings, in addition to other systems such as that of ethics, sociology, 2 politics, management etc. All this serves to confirm Islam as a comprehensive, integrated way of life. Saudi Arabia has a land area of 1,960,582 square kilometers according to U.S. government statistics. Saudi Arabia faces numerous environmental challenges. The country has very little arable land. Water scarcity is a constant concern, as are the related issues of desertification and creeping sands The region‘s dryness results in frequent dust and sand storms that can cripple transportation. The lack of perennial rivers or permanent bodies of water poses a continual challenge, as does the depletion of underground water resources. Additionally, coastal oil spills, though infrequent, contribute to pollution Saudi Arabia‘s population is very homogeneous. The native population is 90 percent Arab and 10 percent Afro-Asian. Arabic is the official language. The purpose of education is to understand Islam correctly and comprehensively, to instill and disseminate the Islamic faith, and to provide students with Islamic values, instructions and eminent principles Among developing nations, as categorized by the United Nations in 2005, Saudi Arabia ranks thirty-second out of 103 countries on the Human Poverty Index,through its series of five-year development plans, Saudi Arabia continues to try to transform oil wealth into broader economic prosperity. But despite high oil prices and rising oil production, the average Saudi‘s standard of living has fallen, and unemployment, especially among young adults, continues to rise If we move to the modern Saudi state - the Kingdom of Saudi Arabia - we would face no difficulty in acknowledging its reality and seeing to what extent it has adopted the aforementioned pillars. With regard to their subject to law, governments are divided into two types:Dictatorship: The autocratic rule of an individual or group. Monocracy: Government through established laws, to the leadership, governments areal so of two types Monarchy: Government of 3 hereditary succession of leadership Republic: Government of which a president is elected through voting. the source of authority, governments are of three types Dictatorship An autocratic form of government where the government is ruled by a single person Oligarchy: leadership by the few, where political power effectively rests with a small elite segment of society Democracy: government by the people, either directly or representatively (via elections). A clearer picture of the Saudi system is obtained if we look at these authorities individually, as found in the Basic Law of Governance. The judiciary authority is the most noble and respected authority in Islam Prophets have guided their people and have ruled them with justice, one of the most famous among being Prophet David, whom God addressed in the Holy Qur‘an saying The judiciary is an independent authority. There is no control over judges in the dispensation of their judgments, except that of the Islamic shari’ah. 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 The courts will apply the rules of the Islamic shari’ah in the cases that are brought before them there are many other laws related to the judiciary, but they are merely of an organizational nature, the most famous of them being:The Law of Procedure before the Shari’ah Courts,The Law of Criminal Procedures,The Code of Law Practice,In addition to other related laws, like: Real Estate Registration Law,Money Laundering Law,Arbitration Law. Litigation in Saudi Arabia passes through two parallel channels,The General Judiciary and The Administrative Judiciary,The General Judiciary has the jurisdiction to settle all lawsuits that are not under the competence of the Administrative Judiciary. 4 The executive authority, as referred to earlier, is the body responsible for the execution of laws.It is simply referred to as the government, represented by its leader, such as a King or President, and ministers under his leadership.The Saudi Basic Law of Governance explains the nature of this authority and its undertakings. The King, or whoever he deputizes, is responsible for the implementation of judicial rulings, The King carries out the policy of the nation, in accordance with the provisions of Islam; the King oversees the implementation of the Islamic Shari’ah, the laws, the state‘s general policies and the protection and defense of the country. The King is the Prime Minister; 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 Fundamentally, a minister is one who assists and supports a King, but the term has often referred to a particularly robust assistant, as Abu Bakr and Umar were to the Prophet, peace be upon him The ministers are responsible to the King regarding the implementation of the Islamic shari’ah, the laws and the state‘s general policy Within the ministry there are different departments, committees, and authorities as well as other structures. The official governmental agencies and departments, as well as those independent from the ministries, are part of the executive authority and are responsible for implementing and maintaining law the Basic Law of Governance states: ―Ministers and heads of independent departments are answerable to the prime minister for the ministries and departments which they administer.‖ The Saudi regulator prefers the term ‗Regulatory Authority‘ for two reasons:There is a linguistic difference between regulation and legislation. Regulation is to arrange matters 5 and construct them in a cohesive model, while legislation is the process of making and passing laws. Laws or legislations are divided into two main parts,The First: The basic law (legislation) which is the constitution,The Second: Normal laws or legislations. State policy may differ in the preparation and ratification of the first part. It may be issued by the primary holder of Within its present status, the Shoura Council‘s decisions are non-binding, which represents a different application of the Islamic concept of shoura. The Council of Ministers, chaired by the King, exercises the same authority and undertakes necessary decisions within this framework.This means that the Council of Ministers exercises two authorities at the same time: the Regulatory Authority and the Executive Authority, and this is a tradition also followed in other countries. For normal legislations or laws, they are issued by the legislative, or regulatory authority, as the term is used in Saudi Arabia.In Saudi Arabia, this authority is represented by the Council of Ministers as mentioned earlier. The Shoura Council issues recommendations and suggestions Saudi Law has adopted the legal term ‗citizens‘ and not ‗people‘ the Basic Law of Governance.This may be attributed to the common use of the term citizen as that which refers to a certain type of inhabitant of a country who also carries its nationality The rights of non-Muslims occupy a special position in Islamic jurisprudence due to the recognition of Muslim scholars of the importance of this issue, and because every Islamic society includes non-Muslims. 6 The status and position of these non-Muslims vary. Some may stay permanently in the Islamic society, and they are known as Ahl Al-thimma, while others may have temporary residency only, and they are termed mustamaneen The Basic Law, which states: ―Residents on the Kingdom of Saudi Arabia shall observe its laws. They shall respect the values, traditions and sensibilities of Saudi society.‖ The King is also the prime minister, chief of state, the head of government, and commander in chief of the military of Saudi Arabia. The monarchy is hereditary, so there are no elections for the role.The King's Cabinet, or Council of Ministers, is appointed by the King every four years, and includes many family members. There are 22 government ministries that are part of the Cabinet. In February 2009, King Abdullah appointed Norah Al-Fayez to be the first female cabinet-level official, a deputy minister for women's education. She had formerly had worked as an official in the Saudi Institute for Public Administration. This is made up of a Consultative Council (also known as Majlis as-Shura or Shura Council) advises the King on issues that are important to Saudi Arabia. The Consultative Council currently consists of 150 members appointed by the King for a four-year renewable term. Based on their experience, members are assigned to committees. There are 12 committees that deal with human rights, education, culture, information, health and social affairs, services and public utilities, foreign affairs, security, administration, Islamic affairs, economy and industry, and finance. In October 2003, the Council announced its intent to start elections for half of the members of the local and provincial assemblies (there are 13 provinces, each with a governor and deputy and its own council made up of at least 10 citizens), and one-third of 7 the members of the Consultative Council incrementally over a period of four to five years. No elections have yet been announced. In September 2011, King Abdullah announced that women would have the right to be appointed to the Consultative Council. And, in January 2013, the King appointed 30 women to serve four-year terms on the Council, following passing of a law stating that women should constitute at least 20% of the Council's membership. Saudi citizens cast votes to select one-half the members of the municipal councils. The three-stage elections, which will continue through April 2005, represent a fundamental step away from Saudi Arabia‘s absolute monarchy. There are also some signs that a portion of the members of the Consultative Council might be chosen via election in the near future. In general, the expanding power of the Consultative Council, in comparison to the traditional dominance of the Council of Ministers, is a positive sign for liberal reformers in the kingdom hoping for increased popular sovereignty. Nevertheless, out of a population of nearly 26 million, only about 3 million (males only) are eligible to vote. Political parties are illegal in Saudi Arabia, but distinct political divisions exist. The royal family continues to fill most of the important political positions in the kingdom, but the king and the Al Saud are forced to rule by consensus. The ulama, a large and powerful group of religious leaders, perhaps numbering 10,000, ensure that the king observes Islamic law above all other considerations. In order to placate the powerful religious majority of Saudi society, the Al Saud pays close attention to the interests espoused by religious leaders. Alliances made between important members of the Al Saud family and prominent religious leaders have long shaped Saudi Arabia‘s society. Saudi Arabia‘s history of tribal organization also plays into the kingdom‘s political mix. Leaders of the principal tribes still command respect and authority. In past years, tribal leaders have proved able to mobilize military units from among their followers. The traditional merchant families of Saudi Arabia also have a measure of political influence. The royal family has depended on the 8 merchants at various times for financial support, and merchant revenues continue to be a steady source of government income. Finally, the new class of Saudi professionals and technocrats, emerging as a result of increased privatization of the economy, has informal influence on government ministers. Petitions signed by members of this class have encouraged some reforms. Supplementing the Shari‘ah courts is the Board of Grievances, which hears cases that involve the government. The third part of the Saudi court system consists of various committees within government ministries that address specific disputes, such as labor issues. The Supreme Council of Justice, which is comprised of 12 senior jurists, represents the judicial branch of government. Justice is administered by a system of religious courts whose judges are appointed by the King on the recommendation of the Supreme Judicial Council. The independence of the judiciary is protected by law. The King acts as the highest court of appeal and has the power to pardon. Local elections in 178 municipalities were first held in 2005, and only male citizens over 21 were allowed to vote. In September 2011, shortly before the municipal elections, King Abdullah announced that in subsequent municipal elections, women would be allowed to run and to vote. The next municipal elections are scheduled for 2015. There are no political parties in Saudi Arabia. Newspapers are privately owned but are subsidized and regulated by the government. Because the Basic Law states that the media‘s role is to educate and inspire national unity, most popular grievances go unreported in Saudi Arabia. In recent years, however, the government has allowed some critical stories to be written by selected journalists. Although self-censorship continues to be a method of self- preservation for the nation‘s media outlets, government censorship seems to be decreasing, especially on journalistic inquiries into crime and terrorism. 9 The government owns and operates the radio and television companies in Saudi Arabia. Censors remove objectionable material deemed offensive by the standards of Islam. Government censorship, which has always plagued the press in Saudi Arabia, has been less effective in its control of the Internet. Legal access to the Internet must be via local servers, which the government monitors for sites that are pornographic, politically offensive, or un-Islamic. Despite these controls, however, Saudi Internet users have been able to access most sites they wish to visit by simply connecting through alternate servers. Saudi Arabia has strong ties to the nations of the Middle East as well as to other Muslim states and Western nations such as the United States and Japan. As the guardian of Islam‘s holy places, Saudi Arabia hosts millions of pilgrims from neighboring Islamic countries annually. Additionally, the mutual concern over oil prices has led to cooperation among oil- producing countries in the Middle East. As one of the more affluent countries in the region, Saudi Arabia has pursued aid and development for less developed Arab and Muslim states. Although Saudi Arabia has, at different times, suspended diplomatic relations with Iran and Egypt, among others, it continues to play a dominant role in the region. Saudi Arabia has its strongest diplomatic relations in the region with other members of the Gulf Cooperation Council (GCC): Bahrain, Oman, and the United Arab Emirates. Saudi Arabia maintains a complex diplomatic position between the Middle East and the West. It has consistently sought to promote Arab unity, defend Arab and Islamic interests, and support a peaceful resolution of the Israeli-Palestinian conflict Saudi Arabia is a member of the United Nations (UN), most UN specialized agencies, and numerous other international organizations. Regionally, Saudi Arabia has fostered close ties to other Arab and Islamic states through membership in organizations such as 10