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The Custodian
of the two Holy Mosques, King Fahd Bin
Abdulaziz Al-Saud issued a Royal Decree
embodying the Basic Government Law. The
following is the text of the Decree.
In the name of God, the most
compassionate, the most Merciful,
No: A/90
Dated 27th Shaban 1412 H
With the help of God, we, Fahd
Bin Abdulaziz Al-Saud, Monarch of the
Kingdom of Saudi Arabia, having taken into
consideration the public interest, and in
view of the progress of the State in
various fields and out of the desire to
achieve the objectives we are pursuing, have
decreed the following:
1 - The promulgation of the Basic Law of
Government as the attached text,
2 - That all regulations, orders and decrees
in force shall remain valid when this Basic
Law comes into force, until they are amended
to conform with it,
3 - That this decree shall be published in
the Official Gazette, and shall come into
force on the date of its publication.
In the name of God, the Most Compassionate,
the Most Merciful,
THE BASIC LAW OF GOVERNMENT
CHAPTER ONE
GENERAL PRINCIPLES
Article 1:
The Kingdom of Saudi Arabia is a sovereign
Arab Islamic State. Its religion is
Islam. Its constitution is Almighty God's
Book, The Holy Quran, and the
Sunna(Tradition) of the Prophet(PBUH).
Arabic is the language of the Kingdom. The
City of Riyadh is the capital.
Article 2:
The State's public holidays are Eid Al Fitr
(the Feast of Ramadan) and Eid Al Adhha (The
Feast of the Sacrifice). Its calendar
follows the Hijri year (the lunar year).
Article 3:
The flag of the State is as follows:
(a) Its color is green.
(b) Its width equals two thirds of its
length.
(c) The words, "áÇ Çáå ÇáÇ Çááå - ãÍãÜÜÏ
ÑÓÜÜæá Çááå" (There is no god but God and
Mohammed is His Messenger) are inscribed in
the center, with a drawn sword underneath.
The flag should never be inverted.
The Law will specify the rules pertaining to
the flag.
Article 4:
The State's Emblem represents two crossed
swords with a palm tree in the middle of the
upper space between them. The Law will
define the State's Anthem and medals.
CHAPTER TWO
THE LAW OF GOVERNMENT
Article 5:
(a) Monarchy is the system of rule in the
Kingdom of Saudi Arabia.
(b) Rulers of the country shall be from
amongst the sons of the founder King
Abdulaziz Bin Abdulrahman al Faisal Al-Saud,
and their descendants. The most upright
among them shall receive allegiance
according to Almighty God's Book and His
Messenger's Sunna(The Tradition).
(c) The King shall choose the Crown Prince
and relieve him by a Royal Decree.
(d) 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.
(e) Upon the death of the King, the Crown
Prince shall assume the Royal powers until a
pledge of allegiance (bay'a) is given.
Article 6:
In support of the Book of God and the Sunna
of His Messenger(PBUH), citizens shall give
the pledge of allegiance (bay'a) to the
King, professing loyalty in times of
hardship and ease.
Article 7:
Government in the Kingdom of Saudi Arabia
derives its authority from the Book of God
and the Sunna of the Prophet(PBUH), which
are the ultimate sources of reference for
this Law and the other laws of the State.
Article 8:
Government in the Kingdom of Saudi Arabia is
based on justice, shura (consultation) and
equality according to Islamic Sharia.
CHAPTER THREE
THE VALUES OF SAUDI
SOCIETY
Article 9:
The family is the nucleus of Saudi Society.
Members of the family shall be raised in the
Islamic Creed, which demands allegiance and
obedience to God, 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.
Article 10:
The state 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.
Article 11:
Saudi Society is based on full adherence to
God's guidance. Members of this society
shall cooperate amongst themselves in
charity, piety and cohesion.
Article 12:
Consolidation of the national unity is a
duty. The State shall forbid all activities
that may lead to division, disorder and
partition.
Article 13:
The aim of education is 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.
CHAPTER FOUR
ECONOMIC PRINCIPLES
Article 14:
All natural resources that God has deposited
underground, above ground, in territorial
waters or within the land and sea domains
under the authority of the State, together
with revenues of these resources, shall be
the property of the State, as provided by
the Law.
The Law shall specify means for
exploitation, protection and development of
these resources in the best interest of the
State, and its security and economy.
Article 15:
No concessions or licenses to exploit any
public resources of the country shall be
granted unless authorized by provisions of
the Law.
Article 16:
Public funds are inviolable. They shall be
protected by the State and safeguarded by
all citizens and residents.
Article 17:
Ownership, capital and labor are basic
components of the economic and social entity
of the Kingdom. They are personal rights
which perform a social function in
accordance with the Islamic Sharia.
Article 18:
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.
Article 19:
General confiscation of assets is
prohibited. No confiscation of an
individual's assets shall be enforced
without a judicial ruling.
Article 20:
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.
Article 21:
Zakat shall be collected and spent for
legitimate expenses.
Article 22:
Economic and social development shall be
carried out according to a fair, wise plan.
CHAPTER 5
RIGHTS AND DUTIES
Article 23:
The State shall protect the Islamic Creed,
apply the Sharia, encourage good and
discourage evil, and undertake its duty
regarding the Propagation of Islam(Da'wa).
Article 24:
The State shall develop and maintain the Two
Holy Mosques. It shall provide care and
security to pilgrims to help them perform
their Hajj and Umra and visit to the
Prophet's Mosque in ease and comfort.
Article 25:
The State will nourish the aspirations of
Arab and Moslem nations in solidarity and
harmony and strengthen relations with
friendly states.
Article 26:
The
State shall protect human rights in
accordance with the Sharia.
Article 27:
The State shall guarantee the rights of the
citizens and their families in cases of
emergency, illness, disability and old age.
The State shall support the Social Insurance
Law and encourage organizations and
individuals to participate in philanthropic
activities.
Article 28:
The State shall facilitate job opportunities
for every able person, and enact laws to
protect the worker and the employer.
Article 29:
The State shall patronize sciences, letters
and culture. It shall encourage scientific
research, protect the Islamic and Arab
heritage, and contribute towards Arab,
Islamic and human civilization.
Article 30:
The State shall provide public education and
commit itself to the eradication of
illiteracy.
Article 31:
The State shall look after public health and
provide health care for every citizen.
Article 32:
The State shall work towards the
preservation, protection and improvement of
the environment, as well as prevent
pollution.
Article 33:
The State shall form armed forces and equip
them to defend the Islamic Creed, the Two
Holy Mosques, the society and the homeland.
Article 34:
It shall be the duty of every citizen to
defend the Islamic Creed, the society and
homeland. The Law shall specify rules for
military service.
Article 35:
The Law shall specify rules pertaining to
Saudi Arabian nationality.
Article 36:
The State shall provide security for all
citizens and residents on its territories.
No one may be confined, arrested or
imprisoned without reference to the Law.
Article 37:
Dwellings are inviolate. Access is
prohibited without their owners'
permission. No search may be made except in
cases specified by the Law.
Article 38:
No one shall be punished for another's
crimes. No conviction or penalty shall be
inflicted without reference to the Sharia or
the provisions of the Law. Punishment shall
not be imposed ex post facto.
Article 39:
Mass media and all other vehicles of
expression shall employ civil and polite
language, contribute towards the education
of the nation and strengthen unity. It is
prohibited to commit acts leading to
disorder and division, affecting the
security of the state and its public
relations, or undermining human dignity and
rights. Details shall be specified in the
Law.
Article 40:
The
privacy of telegraphic and postal
communications, and telephone and other
means of communication shall be inviolate.
There shall be no confiscation, delay,
surveillance or eavesdropping, except in
cases provided by the Law.
Article 41:
Residents in the Kingdom of Saudi Arabia
shall abide by its laws, observe the values
of the Saudi community and respect Saudi
traditions and feelings.
Article 42:
The State shall grant the right of political
asylum provided it is in the public
interest. International agreements and laws
shall define rules and procedures for the
extradition of common criminals.
Article 43:
Councils held by the King and the Crown
Prince shall be open for all citizens and
anyone else who may have a complaint or a
grievance. A citizen shall be entitled to
address public authorities and discuss any
matters of concern to him.
CHAPTER 6
THE AUTHORITIES OF THE
STATE
Article 44:
The Authorities of the State consist of:
- The Judicial Authority
- The Executive Authority
- The Regulatory Authority
These authorities will cooperate in the
performance of their functions, according to
this Law or other laws. The King is the
ultimate arbiter for these Authorities.
Article 45:
The Holy Quran and the Sunna(Tradition) of
God's Messenger shall be the source for
fetwas(religious advisory rulings). The Law
shall specify hierarchical organization for
the composition of the Council of the Senior
Ulema, the Research Administration and the
Office of the Mufti, together with their
functions.
Article 46:
The Judiciary is an independent authority.
The decisions of judges shall not be subject
to any authority other than the authority of
the Islamic Sharia.
Article 47:
All people, either citizens or residents in
the Kingdom, are entitled to file suit on an
equal basis. The Law shall specify
procedures for this purpose.
Article 48:
The Courts shall apply rules of the Islamic
Sharia in cases that are brought before
them, according to the Holy Quran and the
Sunna, and according to laws which are
decreed by the ruler in agreement with Holy
Quran and the Sunna.
Article 49:
Courts are empowered to arbitrate in all
disputes and crimes, taking into account the
provisions of Article 53 of this Law.
Article 50:
The King or whomsoever he may deputize shall
concern himself with the implementation of
judicial rulings.
Article 51:
The Law shall specify the composition of the
Supreme Judiciary Council and its functions,
as well as the hierarchy for the courts and
their functions.
Article 52:
Judges shall be appointed and relieved by
Royal Decree, based on a proposal of the
Supreme Judiciary Council, in accordance
with provisions of the Law.
Article 53:
The Law shall specify the hierarchy of the
Board of Grievances and its functions.
Article 54:
The Law shall specify the relationship
between the Commission of Inquiry and the
Attorney General and their organization and
functions.
Article 55:
The King shall rule the nation according to
the Sharia. He shall also supervise the
implementation of the Sharia, the general
policy of the State and the defense and
protection of the country.
Article 56:
The King is the Prime Minister. Members of
the Council of Ministers shall assist him in
the performance of his mission according to
the provisions of this law and other laws.
The Council of Ministers Law shall specify
the powers of the Council in respect of
internal and external affairs, organization
of governmental departments and their
coordination. In addition, the Law shall
specify the qualifications and the powers of
the ministers, ministerial accountability
procedures and all matters pertaining to the
ministers. The Law of the Council of
Ministers and the areas of their authority
may be amended according to this Law.
Article 57:
(a) The King shall appoint and relieve
deputies of the Prime Minister and member
ministers of the Council by Royal Decree.
(b) Deputies of the Prime Minister and
member ministers of the Council shall be
jointly responsible to the King for the
implementation of the Sharia, laws and the
general policy of the State.
(c) The King is entitled to dissolve and
reconstitute the Council of Ministers.
Article 58:
The King shall appoint those who are at the
rank of ministers and deputy ministers, and
those who are at the highest grade and
relieve them by a Royal Decree as provided
by the Law. Ministers and heads of
independent departments shall be answerable
to the King in respect of the ministries and
agencies they head.
Article 59:
The Law shall specify the rules of the Civil
Service, including salaries, awards,
compensations, privileges and pensions.
Article 60:
The King is the Supreme Commander of the
Armed Forces. He shall appoint and dismiss
officers from service, as provided by terms
of the Law.
Article 61:
The King shall announce any state of
emergency or general mobilization and shall
declare war. The Law shall specify rules
for this purpose.
Article 62:
If
an imminent danger is threatening the
safety of the Kingdom, the integrity of its
territories or the security and interests of
its people, or is impeding the functions of
official organizations, the King may take
urgent measures to deal with such a danger.
When he considers that these measures should
continue, necessary arrangements shall be
made in accordance with the Law.
Article 63:
The King shall receive kings and heads of
states, appoint his representatives to other
states, and receive credentials of other
states' representatives accredited to him.
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