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Constitutional framework
Saudi Arabia is a monarchy ruled by the Saud dynasty (Āl Saʿūd), a family whose status was established by its close ties with and support for the Wahhābī religious establishment. Islamic law, the Sharia, is the primary source of legislation, but the actual promulgation of legislation and implementation of policy is often mitigated by more mundane factors, such as political expediency, the inner politics of the ruling family, and the influence of intertribal politics, which remain strong in the modern kingdom.
The kingdom has never had a written constitution, although in 1992 the king issued a document known as the Basic Law of Government (Al-Niẓām al-Asāsī li al-Ḥukm), which provides guidelines for how the government is to be run and sets forth the rights and responsibilities of citizens. The king combines legislative, executive, and judicial functions. He has typically taken on the role of prime minister, an office which presides over the Council of Ministers (Majlis al-Wuzarāʾ). The council is responsible for such executive and administrative matters as foreign and domestic policy, defense, finance, health, and education, which it administers through numerous separate agencies. Appointment to and dismissal from the council are prerogatives of the king. The Basic Law of Government paved the way in 1993 for the establishment of a new quasi-legislative body, the Consultative Council (Majlis al-Shūrā), which includes many technical experts; all members are appointed by the king. The Consultative Council has the power to draft legislation and, along with the Council of Ministers, promote it for the king’s approval.
In the end, however, all major policy decisions are made outside these formal apparatuses. Decisions are made through a consensus of opinion that is sought primarily within the royal family (comprising the numerous descendants of the kingdom’s founder, Ibn Saud), many of whom hold sensitive government posts. Likewise, the views of important members of the ʿulamāʾ (religious scholars), leading tribal sheikhs, and heads of prominent commercial families are considered.
Local government
The kingdom is divided into 13 administrative regions (manāṭiq), which in turn are divided into numerous districts. Regional governors are appointed, usually from the royal family, and preside over one or more municipal councils, half of whose members are appointed and half elected. With their councils, the governors are responsible for such functions as finance, health, education, agriculture, and municipalities. The consultative principle operates at all levels of government, including the government of villages and tribes.
Legal status of women
Saudi Arabia has a legal system that requires all Saudi women to have a male legal guardian. The guardians have authority to make a number of decisions on behalf of women, similar to the authority a legal guardian has over a minor. Typically, a woman’s guardian is her father until her marriage, her husband during their marriage, or her brother or son if she has neither a father nor a husband. Legally, women no longer need permission to work or study, though many employers and universities continue to require permission as a condition of employment or enrollment.
Technological advances, particularly in telecommunications, have improved the efficiency of the system. Starting in 2010, permission to travel could be granted through SMS text messaging. With the emergence of smartphones, guardians were able to grant permission through a government-sponsored smartphone app called Absher. For some, this allowed women to travel more and do more without the attendance of a male guardian. But it also made it easier for male guardians to track and control women.
Justice
The Sharia is the basis of justice. Judgment usually is according to the Ḥanbalī tradition of Islam; the law tends to be conservative and punishment severe, including amputation for crimes such as theft and execution for crimes that are deemed more severe (e.g., drug trafficking and practicing witchcraft).
In 1970 the Ministry of Justice was established; its work is assisted by a Supreme Judicial Council consisting of leading members of the ʿulamāʾ. There are more than 300 Sharia courts across the country. Rapid changes since the mid-20th century have produced circumstances—such as traffic violations and industrial accidents—not encompassed by traditional law, and these have been handled by the issuance of royal decrees. These decrees have evolved into a body of administrative law that is not directly drawn from Islamic precepts. Avenues of appeal are available, and the monarch is both the final court of appeal and the dispenser of pardon.