The Shura Council Law During the Reign of King Abdulaziz

The Law of the Shura Council during the reign of King Abdulaziz represents a fundamental approach in the Saudi governance law. Deriving its legitimacy from Islamic Sharia, it was established under the Founding King, Abdulaziz Bin Abdulrahman Al Saud, and has continued to evolve and adapt uninterrupted through several stages, leading up to the reign of the Custodian of the Two Holy Mosques, King Salman Bin Abdulaziz Al Saud.

Stages of establishing the Shura Law under King Abdulaziz

The Founding King, Abdulaziz Bin Abdulrahman Al Saud, relied on the principle of Shura (consultation) across all his affairs and actions, specifically in his political, administrative, and military endeavors. He advocated for Shura as a fundamental pillar of the law of governance, drawing its foundation directly from Islamic Sharia.

An affirmation of King Abdulaziz's application of the principle of Shura (consultation) is reflected in his address during Makkah Al-Mukarramah  meeting:

"I care deeply about your comfort and am constantly contemplating ways to serve you in a true manner that secures peace and reassurance for you and for the entirety of this holy land. The vast scope of my duties in organizing the affairs of this region and other regions of our country prevents me from personally hearing every individual's complaints and addressing every need. Undeniably, a land as valuable as this requires attention across numerous matters, which I cannot oversee alone. Furthermore, I do not wish to monopolize governance over your land without you; rather, I seek your consultation in all matters. The Arabs say that men are of three types: a man, half a man, and no man at all. A man is one who possesses sound judgment and consults others in his affairs; half a man is one who lacks sound judgment but consults others; and no man at all is one who lacks sound judgment and does not consult others..."

The principle of Shura (consultation) has endured as a law of governance since King Abdulaziz Bin Abdulrahman Al Saud entered Makkah Al-Mukarramah and continued even after the unification of the country. It evolved through several key stages and developments, adapting to modern demands as well as internal and external changes, which are:

The National Shura Council in 1924

The first elected council was established under the name "The National Shura Council" on December 20, 1924, and comprised approximately twelve members. Prior to the full structure of the state being finalized, a Royal Statement was issued tasking the council at the time with managing the fundamental affairs of the country. Its operations continued for approximately six months.

The National Shura Council in 1925

The Sultanic Administration issued an order to form an elected council representing all neighborhoods of Makkah Al-Mukarramah—numbering approximately twelve districts—aiming to expand the scope of participation. Its membership included two scholars, one merchant, and three prominent local figures appointed by Sultan Abdulaziz Bin Abdulrahman Al Saud. The council was well-structured compared to its predecessor, featuring a vice president and a secretary.

The council officially opened on August 2, 1925. The instructions for its formation comprised six articles covering: the organization of affairs in courts, municipalities, endowments (awqaf), education, security, and commerce. This was alongside the formation of permanent committees dedicated to resolving issues based on customary law ('urf), provided it did not conflict with the principles of Islamic Sharia. Membership criteria, voting eligibility, and election deadlines were also defined.

On January 6, 1926, the people of Hejaz pledged allegiance (bay'ah) to King Abdulaziz Bin Abdulrahman Al Saud as their King. The following day, crowds gathered inside and outside the Safa Gate at the Grand Mosque. King Abdulaziz attended and delivered a speech marking the occasion, after which people from across the country came forward to offer their allegiance and vow hear and obey. On the same day, it was decided that the title for the head of government would be "King of the Hejaz and Sultan of Najd and its Dependencies," and a fifty-six-member constituent assembly was established. From among themselves, they nominated a thirteen-member committee to study several key matters: determining the form of government, establishing the foundations for its internal structure, and selecting the design of the national flag and currency.

On May 13, 1926, King Abdulaziz issued a Royal Order to establish an advisory council in Makkah Al-Mukarramah, Al-Madinah Al-Munawwarah, Jeddah, Yanbu, and Taif to address key local issues. These councils were based on single-stage elections, with voting rights granted to scholars, local notables, merchants, and heads of guilds and professions. The council consisted of 13 members: four from Makkah Al-Mukarramah, two from Al-Madinah Al-Munawwarah, three from Jeddah, two from Yanbu, one from Taif, and three tribal leaders. Selection was contingent on several criteria: literacy, good conduct, no prior convictions compromising religion or honor, and a one-year term of membership.

The Shura Council in 1926

King Abdulaziz Bin Abdulrahman Al Saud approved the Organic Instructions (Basic Regulations) of Saudi Arabia on August 29, 1926. These instructions contained Section Four, which was dedicated to the council. Key provisions included: renaming the body to the "Shura Council" (replacing the previous title, "The National Shura Council"), setting its membership at twelve members, and determining its headquarters, meeting schedules, attendance eligibility, and a one-year term of membership.

The Shura Council in 1927

A Royal Decree modifying Section Four of the Organic Instructions related to the Shura Council was issued on August 8, 1927. Operating under the newly amended law, the council functioned in accordance with fifteen articles. These articles included specifying the leadership of the Shura Council—headed by the Viceroy (the King's General Deputy)—along with one of his advisors, a secretary, and eight members. The selection of members relied on nominating four individuals after consulting people of knowledge and experience, while the remaining four were chosen directly by the government based on its discretion, including two representatives from Najd. Their membership term was set for two years, with half of the members rotated annually. Additionally, the King retained the authority to dissolve the Shura Council and change or dismiss its members.

Membership eligibility for the Shura Council was contingent on specific criteria: the candidate had to be at least twenty-five years old, possess expertise and knowledge, have no prior convictions compromising honor, not be bankrupt, and maintain good conduct. The Shura Council was tasked with various responsibilities, including: reviewing the budgets of government departments and municipalities, managing the budget of Ain Zubaida ('Ayn Zubaida), granting permissions for urban and economic development projects, overseeing concessions and financial undertakings, handling eminent domain for public utility, and drafting laws and regulations, among other duties.

Under this law, the Shura Council was divided into two committees, each responsible for reviewing matters assigned to it by the council’s secretary. The council convened twice a week, or more frequently whenever necessary, requiring the attendance of the President and four members. Decisions were passed by a majority vote of the council members at the time. Furthermore, the head of any relevant government department was summoned when the council discussed matters pertaining to their entity. The council was also authorized to draw the government’s attention to any errors made in the execution of established laws and regulations. If the government submitted a draft project to the council and it was rejected or modified in a manner unacceptable to the government, the Viceroy was required to return the project to the council to take the appropriate measures outlined in the law.

The year 1927 marks the formal establishment of the Shura Council during the reign of King Abdulaziz Bin Abdulrahman Al Saud. The King opened its first session on July 13, 1927, and its inaugural meeting was held shortly after on July 17, 1927.

The Shura Council in 1928

In 1928, public interest necessitated several amendments to the Shura Council Law across approximately fourteen articles. Key changes included increasing the council's membership to twelve members instead of eight, mandating that the King appoint a permanent Vice President for the council, having the council elect a Second Vice President, and scheduling council sessions daily rather than twice a week. That same year, an annex to the law containing seven articles was issued to streamline and regulate the council's operations. Subsequently, an amended law was introduced titled the "Internal Regulations of the Shura Council," comprising twenty-four articles.

The Shura Council Law continued to exercise its authority without further modification until the establishment of the Council of Ministers in 1953. Following this, the responsibilities of the Shura Council were distributed between the Council of Ministers and newly established government entities according to their respective regulations. Meanwhile, the Shura Council maintained its meetings and continued to review matters referred to it under its statutory framework.