Basic Law of Governance in the Kingdom

The Basic Law of Governance in the Kingdom of Saudi Arabia is a set of fundamental principles and rules on which the country is based. It consists of eighty-three articles that define the structural, organizational, and political foundations, such as the general principles of the country, the system of governance, the mechanism for selecting the king, his duties, the foundations of Saudi society, and the rights of citizens and residents that the state guarantees and protects. It also outlines the powers of authorities and regulatory bodies. The law was issued by a Royal Order in 1992, and it can be temporarily suspended only in specific cases, such as war and emergencies.

The initial features of the Basic Law of Governance in the Kingdom emerged in 1932 when Royal Order No. 2716 was issued following the unification of the Kingdom. This Order included eight articles, among them: changing the name from 'The Kingdom of Hejaz and Najd and its Dependencies' to 'The Kingdom of Saudi Arabia', designating the title 'King' for the leader of the country, and choosing September 23, 1932, as the day to announce the unification of the Kingdom.

The Basic Law of Governance in the Kingdom was issued during the reign of King Fahd Bin Abdulaziz Al Saud in 1992. It was introduced "taking into consideration the public interest, and in view of the progress of the Kingdom in various fields and out of the desire to achieve the objectives we are pursuing," as stated in the text of the law.

The Basic Law of Governance in the Kingdom specifies the following descriptions for the national flag: Its color shall be green; its width shall be two-thirds of its length; and the expression: “There is no God but Allah" shall be in the center of the flag and an unsheathed sword shall be beneath it. The flag may not be flown at half-mast. The emblem of the Kingdom shall be two crossed swords with a date palm tree in the middle of the upper space between them.

The Basic Law of Governance in the Kingdom stipulates that the system of governance shall be a monarchy, limited to the sons of King Abdulaziz Bin Abdulrahman Al Saud and their descendants. The most suitable among them shall receive allegiance according to the Quran and the Sunna of the Prophet, peace be upon him (PBUH). After the sons of the Founder King, the King and the Crown Prince may not be the descendants of the same son of the Founder King. The call for the oath of allegiance to the King and the selection of the Crown Prince shall be in accordance with the Allegiance Council Law. The Crown Prince shall devote himself exclusively to his duties as Crown Prince and shall perform any other duties delegated to him by the King. Upon the death of the King, the Crown Prince shall assume the Royal powers until a pledge of allegiance is given.

The Basic Law of Governance in the Kingdom includes several duties of the King, such as: supervising the implementation of the Sharia, the laws and general policy of the Kingdom, protecting and defending the country, and presiding over the Council of Ministers. The King is also the supreme commander of all military forces. His duties include declaring states of emergency and war, taking any urgent measures in situations threatening the country's safety, territorial integrity, and the security and interests of its people and institutions, welcoming kings and presidents of other countries, appointing representatives to other countries, and granting medals. The law also states that the King’s council and the Crown Prince’s council are open to every citizen and anyone with a complaint or grievance, and that every individual has the right to address public authorities.

The Basic Law of Governance in the Kingdom states that the authorities consist of the judicial authority, the executive authority, and the regulatory authority. These authorities shall cooperate in the performance of their functions in accordance with this Law and other laws. The King shall be their final authority. The judiciary shall not be subject to any authority other than the authority of the Islamic Sharia.

The general principles of the Basic Law of Governance state that the Kingdom is a sovereign Arab Islamic State. Its religion is Islam. Its constitution is the Quran, and the Sunna of the Prophet (PBUH). Arabic is the language of the Kingdom. The city of Riyadh is the capital. The Kingdom's public holidays are Eid al-Fitr and Eid al-Adha, and its calendar is the Hijri calendar.

The Basic Law of Governance specifies the sources from which the governance derives its authority. Article Seven states: "Governance in the Kingdom derives its authority from the Quran and the Sunna of the Prophet, which are the ultimate sources of reference for this Law and all laws of the Kingdom." Article Eight stipulates that governance in the Kingdom is based on justice, shura, and equality according to Islamic Sharia.

The Basic Law of Governance stipulates that all revenues and expenditures of the Kingdom, as well as movable and fixed assets, shall be subsequently audited to ensure proper use and management. An annual report to this effect shall be forwarded to the Prime Minister.

The Basic Law also stipulates that governmental institutions shall also be audited to ensure proper administrative performance and implementation of laws. Financial and administrative violations shall be investigated. An annual report shall be forwarded to the Prime Minister.

The Basic Law of Governance in the Kingdom dedicates a chapter to the Saudi family, which includes several articles defining the family, its foundation, and its establishment. These articles address the importance of strengthening unity and avoiding division within the family.

The Basic Law defines the family as the nucleus of Saudi society. Members of the family shall be raised in the Islamic Creed, which demands allegiance and obedience to Allah, to His Prophet, and to the rulers, respect for and obedience to the laws, and love for and pride in the homeland and its glorious history.

The Basic Law also states that the Kingdom shall aspire to promote family bonds and Arab-Islamic values. It shall take care of all individuals and provide the right conditions for the growth of their talents and skills. It stipulates that consolidation of the national unity is a duty. The Kingdom shall forbid all activities that may lead to division, sedition, and partition.

The Basic Law addresses the foundation on which Saudi society is built, stating: "Saudi society is based on full adherence to Allah's guidance. Members of this society shall cooperate amongst themselves in charity, piety, and cohesion."

Education, as stated in the Basic Law of Governance in the Kingdom, aims to implant the Islamic creed in the hearts of all youths, to help them acquire knowledge and skills, to qualify them to become useful members of their society, to love their homeland and take pride in its history. The Kingdom provides public education and is committed to combating illiteracy.

The law includes articles on the economic principles followed by the Kingdom, covering resources, land, wealth, ownership, taxes, and fees. It states that all natural resources that Allah has deposited underground, above ground, in territorial waters, or within the land and sea domains under the authority of the Kingdom, together with revenues of these resources, shall be the property of the Kingdom. The law stipulates that no concessions or licenses to exploit any public resources of the country shall be granted unless authorized by provisions of the law.

According to the articles of the law, ownership, capital, and labor are basic components of the economic and social entity of the Kingdom. They are personal rights that perform a social function in accordance with the Islamic Sharia. The state shall guarantee private ownership and its sanctity. No one shall be deprived of his private property, unless in service of the public interest. In this case, a fair compensation shall be given to him. The law also states that general confiscation of assets is prohibited. No confiscation of an individual's assets shall be enforced without a judicial ruling.

The law stipulates that no taxes or fees shall be imposed, except in need and on a just basis. Imposition, amendment, cancellation, or exemption shall take place according to the provisions of the law.

The law sets the fiscal year of the state, and the budget is announced according to a Royal Decree. The budget specifies assessed amounts of revenue and expenditure one month ahead of the coming fiscal year. If the budget cannot be issued due to compelling reasons before the beginning of the new fiscal year, the budget of the previous year shall remain in force until the new budget can be issued.

The Basic Law of Governance in the Kingdom outlines the duties and responsibilities of the Kingdom, including: protecting the Islamic creed, maintaining and serving the Two Holy Mosques and providing security and care for their visitors, protecting human rights, ensuring the rights of citizens and their families in emergencies, disability, illness, and old age, facilitating employment opportunities, promoting sciences, literature, and culture, providing public education and healthcare, establishing and equipping the armed forces, and protecting the environment.

The Basic Law includes several articles that address the rights provided to citizens by the Kingdom, as well as the responsibilities that citizens must fulfill. The Basic Law stipulates that it shall be the duty of every citizen to defend the Islamic Creed, the society, and the country. The law specifies rules for military service. It also stipulates that the Kingdom shall provide security for all citizens and residents on its territories. No one may be confined, arrested, or imprisoned without reference to the provision of the law. It stipulates that dwellings are inviolate. Access is prohibited without their owners' permission. No search may be made except in cases specified by the law.