Inside Saudi Arabia’s Legal and Prison System
Saudi Arabia is an Islamic state governed by a monarchy and follows the Sharia Law (or Islamic law). The current legal system was adopted in 1992 and has undergone minor reforms in recent years but still strictly follows the Islamic law.[1] Saudi Arabia is approximately 97% Muslim which attributes to the following of the Sharia Law.[1] The law is closely followed and is considered sacred.1 The legal and judicial systems of the country have emerged based on Sharia Law.
In the Saudi Arabian legal system, Islamic law serves as a guideline for all legal matters.[1] Unlike other legal codes which primarily deal with public behavior, Sharia Law covers public and private behavior and private beliefs.[3] The country’s constitution is the Qur’an and the Sunna and the official religion is Islam, which uses the same texts as the constitution. Therefore, unlike the United States, there is no separation of state and religion.[2] The Sharia Law is applied throughout the country with strict accordance with the interpretation of the Hanbali school of Sunni Islam.[3] Sharia Law, like the United States, presumes innocence unless proven guilty. [3] Since the country is a monarchy, the legal system consists of the King at the top of the legal order. The King acts as the final court of appeal and has the power to pardon crimes.[3] The legal system then gives authority to appointed judges who have studied the law system to review legal cases. [3] The King, judges and courts strictly follow the Islamic law in enforcing laws and for administrating rulings.
The court system in Saudi Arabia is broken down in three main categories: the Supreme Judicial Court, the Sharia courts and the special government tribunals.[3] The Ministry of Justice is appointed by the king and is responsible of administrating the country’s Sharia courts.[1] The Minister of Justice is able to do so through the assistance of the Supreme Judicial Council.[1] The Council is a body of eleven members who supervise the work of the courts, review all legal decisions referred by the Minister of Justice, express legal opinions on judicial questions and approve death sentences.[1] The primary level of the judicial system is the Sharia courts which comprise of the courts of first instance and appeals.[1] Here, both criminal and civil cases are heard at the Sharia courts. In dealing with cases that involve the government, the king creates a secular tribunal, like the Board of Grievances, to deal with these issues.[3] In 2007, the judicial system was reorganized and established a Supreme Court and special commercial, labor and administrative courts.[3]
The Sharia Law is enforced by the Committee for the Promotion of Virtue and the Prevention of Vice (CPVPV).[2] The CPVPV is an agency authorized to monitor social behavior and enforce morality consistent with the government’s interpretation of Islamic law.[2] CPVPV field officers are known as the muttawa whose purpose is to act as public morality enforcers.[3] The muttawa can only legally act in their official capacity when accompanied by a regular officer.[2] However, the muttawa seek out and arrest violators to be flogged, imprisoned or beheaded.[3] The CPVP is to report to the king through the Council of Ministers.[2]
The lack of separation between state and religion allows for the Sharia Law to shape the legal and judicial system of the country. Punishments such as imprisonment, flogging, losing a hand and beheading can be administrated based on the interpretation of the Qur’an. The legal code seems strict when looking on the outside. But since Islam is the majority religion of Saudi Arabia, the Sharia Law is part of the culture as well. Sharia Law acts a both the moral guideline and law system in Saudi Arabia.
Articles
Here are some articles about enforcement of Sharia Law in Saudi Arabia:
Sentence of five Saudi Arabian men for holding a holiday party
Beheading in Saudi Arabia Judicial System
Saudi Arabia Prisoners
[1] Metz, Helen. "Legal And Judicial Structure." Saudi Arabia: Country Studies. Library of Congress. Web.
[2] Anthony, Michael. "Saudi Arabia." United States Government. United States Government. Web.
[3] "Legal And Judicial Structure." Legal And Judicial Structure. Royal Embassy of Saudi Arabia. Web.
Saudi Arabia is an Islamic state governed by a monarchy and follows the Sharia Law (or Islamic law). The current legal system was adopted in 1992 and has undergone minor reforms in recent years but still strictly follows the Islamic law.[1] Saudi Arabia is approximately 97% Muslim which attributes to the following of the Sharia Law.[1] The law is closely followed and is considered sacred.1 The legal and judicial systems of the country have emerged based on Sharia Law.
In the Saudi Arabian legal system, Islamic law serves as a guideline for all legal matters.[1] Unlike other legal codes which primarily deal with public behavior, Sharia Law covers public and private behavior and private beliefs.[3] The country’s constitution is the Qur’an and the Sunna and the official religion is Islam, which uses the same texts as the constitution. Therefore, unlike the United States, there is no separation of state and religion.[2] The Sharia Law is applied throughout the country with strict accordance with the interpretation of the Hanbali school of Sunni Islam.[3] Sharia Law, like the United States, presumes innocence unless proven guilty. [3] Since the country is a monarchy, the legal system consists of the King at the top of the legal order. The King acts as the final court of appeal and has the power to pardon crimes.[3] The legal system then gives authority to appointed judges who have studied the law system to review legal cases. [3] The King, judges and courts strictly follow the Islamic law in enforcing laws and for administrating rulings.
The court system in Saudi Arabia is broken down in three main categories: the Supreme Judicial Court, the Sharia courts and the special government tribunals.[3] The Ministry of Justice is appointed by the king and is responsible of administrating the country’s Sharia courts.[1] The Minister of Justice is able to do so through the assistance of the Supreme Judicial Council.[1] The Council is a body of eleven members who supervise the work of the courts, review all legal decisions referred by the Minister of Justice, express legal opinions on judicial questions and approve death sentences.[1] The primary level of the judicial system is the Sharia courts which comprise of the courts of first instance and appeals.[1] Here, both criminal and civil cases are heard at the Sharia courts. In dealing with cases that involve the government, the king creates a secular tribunal, like the Board of Grievances, to deal with these issues.[3] In 2007, the judicial system was reorganized and established a Supreme Court and special commercial, labor and administrative courts.[3]
The Sharia Law is enforced by the Committee for the Promotion of Virtue and the Prevention of Vice (CPVPV).[2] The CPVPV is an agency authorized to monitor social behavior and enforce morality consistent with the government’s interpretation of Islamic law.[2] CPVPV field officers are known as the muttawa whose purpose is to act as public morality enforcers.[3] The muttawa can only legally act in their official capacity when accompanied by a regular officer.[2] However, the muttawa seek out and arrest violators to be flogged, imprisoned or beheaded.[3] The CPVP is to report to the king through the Council of Ministers.[2]
The lack of separation between state and religion allows for the Sharia Law to shape the legal and judicial system of the country. Punishments such as imprisonment, flogging, losing a hand and beheading can be administrated based on the interpretation of the Qur’an. The legal code seems strict when looking on the outside. But since Islam is the majority religion of Saudi Arabia, the Sharia Law is part of the culture as well. Sharia Law acts a both the moral guideline and law system in Saudi Arabia.
Articles
Here are some articles about enforcement of Sharia Law in Saudi Arabia:
Sentence of five Saudi Arabian men for holding a holiday party
Beheading in Saudi Arabia Judicial System
Saudi Arabia Prisoners
[1] Metz, Helen. "Legal And Judicial Structure." Saudi Arabia: Country Studies. Library of Congress. Web.
[2] Anthony, Michael. "Saudi Arabia." United States Government. United States Government. Web.
[3] "Legal And Judicial Structure." Legal And Judicial Structure. Royal Embassy of Saudi Arabia. Web.