Legal system of Saudi Arabia

[5] In the rural areas, urf continued to be predominant for some time,[6] and, for instance, was the main source of law among the bedouin of Nejd in central Arabia until the early 20th century.

[7] By the 11th century, the Muslim world had developed four major Sunni schools of Islamic jurisprudence (or fiqh), each with its own interpretations of Sharia: Hanbali, Maliki, Shafi and Hanafi.

[10] Additionally, from the 1930s, Abdul Aziz created government tribunals or "committees" to adjudicate in areas covered by royal decrees such as commercial or labor law.

[16] When the incumbent Grand Mufti died in 1969, however, the then king, Faisal decided not to appoint a successor and took the opportunity to transfer responsibility to the newly established Ministry of Justice.

[19] In 1913, when Abdul Aziz conquered the area, he granted the Shias a separate judiciary for dealing with religious and family law cases: one judge in Qatif, and one in Al-Hasa.

[22] Officially, Sharia, in Saudi Arabia, is generally applied in accordance with the Hanbali legal school of thought (or madhhab), which only allows qiyas when absolutely necessary.

[33] If the answer is not found in the six Hanbali texts, the judge may then consult the jurisprudence of the other three main Sunni schools or apply his independent judgment and legal reasoning through ijtihad.

[41] The Sharia court system constitutes the basic judiciary of Saudi Arabia[42] and its judges and lawyers form part of the ulema,[43] the country's religious leadership.

[50] The Supreme Judicial Council of Saudi Arabia supervises the lower courts and provides legal opinions and advice to the King and reviews sentences of death, stoning, and amputation.

[15] The judicial establishment, in the broadest sense, is composed of qadis, who give binding judgements in specific court cases, and muftis and other members of the ulema, who issue generalized but highly influential legal opinions (fatwas).

[52] The Grand Mufti is the most senior member of the judicial establishment as well as being the highest religious authority in the country; his opinions are highly influential among the Saudi judiciary.

[55] Qadis generally have degrees in Sharia law from an Islamic university recognized by the Saudi government with, in many cases, a post-graduate qualification from the Institute of Higher Judiciary in Riyadh.

The main complaint reportedly made by Saudis privately is that judges, who have wide discretion in interpreting the Sharia, have no knowledge, and are often contemptuous, of the modern world.

Reported examples of judges' attitudes include rulings banning such things as the children's game Pokémon, telephones that play recorded music, and sending flowers to hospital patients.

[74] In what is considered "one of the most significant steps of legal reform it has taken for decades", the Saudi judicial system officially released thousands of previously unpublished court cases to the public in 2015.

[78] Numbering about 20,000 men untrained in law enforcement, the mutawa ensure that there is strict separation of the sexes in public, that businesses close at prayer time, pressure women to wear traditional dress and, in some areas, prevent them from driving cars.

The most upright among them shall receive allegiance according to Almighty God's Book and His Messenger's Sunna (Traditions)...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...Governance in the Kingdom of Saudi Arabia is based on justice, shura (consultation) and equality according to Islamic Sharia.

[89] The death penalty can be imposed for a wide range of offences[90] including murder, rape, armed robbery, repeated drug use, apostasy,[91] adultery,[92] witchcraft and sorcery[93] and can be carried out by beheading with a sword,[91] stoning or firing squad,[92] followed by crucifixion.

[96] In April 2020, Saudi Arabia excluded minors who commit crimes from facing execution, but instead would get sentenced a maximum of 10 years in a juvenile detention facility.

[60] Families of someone unlawfully killed can choose between demanding the death penalty or granting clemency in return for a payment of diyya, or blood money, by the perpetrator.

[118] In order to protect marriage, Saudi's legal system dictates any external attempts to separate a husband and wife are punishable in court as the crime of takhbib.

[119] Notably, this charge was used to prosecute women's rights activists Wajeha Al-Huwaider and Fawzia al-Oyouni for their attempts to assist Nathalie Morin — a Canadian citizen — to escape an abusive Saudi marriage.

[109] Business and commerce are governed by Sharia,[121] commercial jurisdiction rests with the Board of Grievances composed of Sharia-trained judges,[121] but "Special Tribunals" tasked with "finding ways to circumnavigate the more restrictive aspects of Shariah Law" have been established.

[124] Saudi Arabia had been on the Special 301 Watchlist,[124] the U.S.'s running log of countries considered to inadequately regulate or enforce intellectual property rights,[125] but was removed in 2010.

[146] In response to the continuing criticism of its human rights record, the Saudi government points to the special Islamic character of the country, and asserts that this justifies a different social and political order.

[29][30][121] A study published by the Albert Shanker Institute and Freedom House has criticized a number of aspects of the administration of justice in Saudi Arabia and concluded that the country's "practices diverge from the concept of the rule of law.

[154] Crown Prince Mohammed also extended to women the right to receive equal treatment in the workplace and to obtain family documents from the government in August 2019.

[76][149] These restrictions include requiring women to sit in separate specially designated family sections in restaurants, to wear an abaya (a loose-fitting, full-length black cloak covering the entire body) and to conceal their hair.

[169] Disregarding the 2020 ruling of abolishing death penalty for juveniles, Saudi Arabia executed Mustafa Hashem al-Darwish in June 2021, over the allegations of taking part in anti-government demonstrations at the age of 17.

[173] According to Human Rights Watch, the Shia minority face systematic discrimination from the Saudi government in education, the justice system and especially religious freedom.