Law of Saudi Arabia
The law of Saudi Arabia ( Arabic قانون سعودي, DMG qānūn saʿūdī ) describes the entirety of legally enforceable social norms in the Kingdom of Saudi Arabia .
Legal sources
The judiciary in the kingdom is considered to be Sunni Orthodox. It is strongly influenced by Salafism . In contrast to the tradition of Islamic states of the past, the Saudi judiciary is not strictly based on one of the legal schools ( madhhab ) of Sunni Islam, but rather executes ijtihād , the independent interpretation of legal sources. The greatest consensus in religious law exists with the Hanbali interpretation , which is particularly strict on questions of public morality. The sources are the Koran , Sunna ( Hadith ), Idschmāʿ , Qiyās and the Ra'y ( Istihsan ), whereby the views and opinions of scholars from the past also play a role here. Ahmad ibn Hanbal , Ibn Taimiya and Ibn Kathīr should be emphasized here . In the defined sources of Fiqh , the conclusion by analogy (qiyās) and the independent doctrine (raʾy) according to the Hanbali tradition play only a minor role. This is primarily related to the strictly theological-dogmatic attitude of mind. There is a tendency to derive all laws from the Koran, the Sunna and the consensus (Idschmāʿ) of the first generations ( salaf as-salih ), what the legal interpretation z. B. Compared to the Hanafi School of Law, it is relatively inflexible and not practice-oriented.
Courts usually do not have to deal directly with the sources, but can base their judgments on previous judgments, fatwas and decrees, such as the collections of legal questions "Fatawa al-Ladschna ad-Da'ima" and "Fatawa Islamiyya", published by the Standing Committee for Legal issues are issued. However, the judge is empowered to ignore previous judgments (either his own or that of other judges) and can use a different judgment in each individual case by making use of ijtihād; this judgment is even final if it contradicts a common idschmāʿ. Because of this, different judgments can arise even in identical cases.
See also: al-Kutub as-sitta
Islamic Legislation
In Saudi Arabia, religious law ( Sharia ), which is defined by religious scholars ( Ulama , Fuqaha) in Islamic jurisprudence , has general validity with a few exceptions. This fundamentally distinguishes the Saudi Arabian legal and judicial system from that of other Arab and Islamic states, where the constitution usually contains a clause that religious law (Sharia) is one or even the most important source of legislation, but these empty phrases do has only a very limited effect in largely secular legal systems. Laws enacted by the judiciary or directly by the king are called “decree” (nizām), since according to the Islamic view only God ( Allah ) is the lawgiver. In Saudi Arabia, in contrast to other countries, the law, and thus also the Sharia, is not codified individually, but in its entirety in the state. A sworn judge is universally considered a Qādī , although there are different levels of office.
Islamic law regulates both the cultic and ritual regulations (العبادات / al-ʿibādāt / 'acts of worship') of the person as well as his relationships with his fellow men (المعاملات / al-muʿāmalāt / 'mutual relations'). The law ensures that the individual's religious obligations to God are fulfilled and that all relationships between the individual and his fellow human beings - property law, family and inheritance law, criminal law, among others - always comply with this law.
The Islamic legal system is not codified; The lack of codification leads to variation in the interpretation and application of the law, since the jurisprudence depends not only on the Koran and Sunna , but also on the consensus of opinion or action of the scholars ( Idschmāʿ ).
Shiite law
In the Shiite regions of al-Hasa and Qatif , Jafaritic law is exercised in the area of family and civil law. In the remaining areas, as in the entire kingdom, the classic law of the Hanbalites applies. There are a total of seven courts in the Shiite provinces that exercise family and civil law.
common law
A number of decrees and laws in Saudi Arabia arise from the so-called customary law ( urf ), which is supposed to be based on Saudi culture (including tribal culture) and tradition. The ban on women driving is very controversial. In Saudi Arabia women are prohibited from driving motor vehicles. Politicians and lawyers repeatedly emphasize that Islam itself does not express any objections, but that the ban can be derived from the national traditions. The king himself should on the one hand approve the abandonment of the ban, but on the other hand make this dependent on acceptance in the country. In September 2011, a district court sentenced a woman to 10 lashes for breaking the ban. It was the first judgment against a woman behind the wheel. The woman appealed and ultimately the king intervened in the judiciary in accordance with Articles 12 and 50 of the constitution and annulled the judgment, which is why the judgments were not legally binding. The king blocked any further charges. There is no official ban on women driving a car. Only driving without a driver's license (driver's license) is not permitted. On the other hand, since women are not allowed to be issued a driving license, this fact always occurs when a woman sits behind the wheel of a vehicle. On September 27, 2017, the Saudi royal family announced that women would be allowed to drive from June 2018. The ban was lifted on June 24, 2018.
Court organization
The judiciary is exercised by a system of district courts, general courts and the superordinate courts of cassation (district higher courts ) as well as the special court and the supreme court according to the rules of Sharia . While a single judge decides in the case of minor crimes , three judges are present in the case of serious crime. A judge is considered a qādī . The individual judges are appointed by the King (currently: Salman ibn Abd al-Aziz ) on the proposal of the High Council in judicial matters. This council consists of twelve experienced lawyers. The independence of the courts is protected by law under Article 46 of the constitution. Only the king is exempt from this. Based on Articles 12 and 50 of the Basic Law, he can overturn, amend and pronounce judgments. He is thus de facto the chief judge with unlimited powers. The separation of powers for offices and authorities is limited, but not clearly defined. The highest courts of appeal are in Mecca and Riyadh.
The legal system in Saudi Arabia differs from that of a constitutional state essentially in that not only internationally recognized crimes and serious offenses such as B. murder , rape or robbery can be viewed as such, but also apostasy , corruption , theft (sariqa) , rebellion and betrayal . According to human rights organizations, the judiciary is still considered opaque; Information about prisoners, especially prisoners of conscience , is kept secret, according to Amnesty International in its 2012 country report.
The Grand Mufti and Deputy Minister of Justice, Abd al-Aziz bin Abdullah Al-Sheikh, is generally considered to be the highest religious scholar whose opinion helps shape the judiciary. In a fatwa in April 2005, for example, he declared forced marriage forbidden and called for stricter control and punishment by the judiciary, since the forced marriage violated Islam and, according to a hadith, the prophet Muhammad had a forced marriage annulled. Previously, such marriages were justified by the principle of the Vali mujbir . The judiciary employs over 700 judges (as of 2011). The office of judge presupposes that a degree as a mufti or ulama has been completed.
Charges in court are brought by the public prosecutor's office, which is divided into district prosecutor's offices, the special prosecutor's office and the general prosecutor's office. While the District Prosecutor's Office is subordinate to the General Prosecutor's Office, the Special Prosecutor's Office is an independent body under the Ministry of the Interior.
The Supreme Court
In 2009 the “Supreme Court” was created. It serves to review the judgments by the district courts and has the right to collect them . A primary task is to check for procedural errors. Penalties with physical sanctions, which are regularly imposed by district courts, must in any case be confirmed by the Supreme Court, other judgments only if the “Supreme Judicial Council” does not want to impose the judgment. The Supreme Court is also involved in disputed judgments of the district courts and courts of cassation (district supreme court), which reviews the judgments of the district courts before they become final. The convicted person can appeal against a judgment of the Supreme Court. Death sentences are examined by the Supreme Court if the Supreme Judge Council so wishes. If they are confirmed, they are forwarded to the king who, as the final authority, makes the final decision.
The Nafeek case
Rizana Nafeek from Sri Lanka was arrested in May 2005 at the age of 17 for allegedly killing a child in her care. On June 16, 2007, she was sentenced to death by a district court . The competent district court upheld the judgment and forwarded it to the Supreme Judicial Council for countersignature. However, the council saw a need for additional clarification and therefore referred the judgment back to the lower court. The case then went to various courts for consideration until it was finally brought to the Supreme Court for review. On October 25, 2010, the Supreme Court upheld the death sentence, despite concerns from the Supreme Court. The king confirmed the sentence in November 2012, whereupon it on January 9, 2013 enforced was. The case caused a great stir internationally as the sentence was carried out despite concerns within the Saudi judiciary.
Special Criminal Court
The Special Criminal Court, abbreviated: SCC ; Arabic المحكمة الجزائية المتخصصة al-mahkama al-jazāʾiyya al-mutachassisa ) has its seat in the capital Riyadh . It was created in 2008 and is notbound by Sharia , Islamic law. This court deals with offenses against state security and is therefore responsible for terrorism and security-related cases. Demonstrators and members of the opposition are affected. Charges before this court include "violation of the duty of loyalty to the ruler", "inciting a riot", "disturbing public order by participating in protest marches" and the like. It reports to the Ministry of the Interior and is run by a member of the royal family.
In February 2012, the Ministry of the Interior announced that the Special Criminal Court had issued preliminary judgments in 442 cases since it was established; a total of 765 suspects have been arrested for security reasons. In April, the Interior Ministry announced that 5831 people had been released in recent years who had been detained for violating state security. In the first few months of 2011 alone, 184 prisoners were released. 5080 prisoners who had been arrested on the basis of security concerns were interrogated and transferred to a court, the questioning of 616 people is still ongoing. In 1931 other prisoners were interrogated and could be transferred to the special criminal court. 1612 people were found guilty of having committed "terrorist offenses". The Interior Ministry also said that 486 people convicted of security crimes had received compensation for being detained beyond their term of imprisonment.
The SCC and its affiliated internal secret service Mabahith have been criticized for working outside the law in Saudi Arabia. The length of imprisonment before the start of a trial is limited by law to six months, but the SCC ignores this and sometimes detains people for years without a transparent criminal procedure. Judgments from other courts that ordered the release of prisoners after the legally permissible term of imprisonment had expired were partially ignored. A report from Human Rights Watch said the SCC and its intelligence agencies pressured lawyers not to represent suspects in court. It includes information from the prisoners' families who report that they will not be given advance notice of court appointments, that their imprisoned relatives have no access to legal advice and that the trials are being speeded up on the basis of confessions presented to the court by the secret service.
Jurisdiction of judges and clergy
According to Article 46 of the Constitution, the General Prosecutor's Office is also responsible for prosecuting judges and clergymen who commit crimes in office (e.g. perverting justice ). In Saudi Arabia there is no special court for the clergy such as B. in Iran . The clergy are usually judged by the judicial council and / or by the king.
Clergymen and judges who commit off-duty crimes are judged by a district court or, for state security matters, by a special court. Critical opinions suspect that clergymen are punished more mildly than others, especially guest workers from Africa and Asia.
In November 2012, cleric Fayhan al-Ghamdi tortured his five-year-old daughter to death in Riyadh by hitting her with a stick and electric cables. The clergyman was arrested and his divorced wife demanded the death penalty under Islamic law . The result was a fine of the equivalent of 36,000 euros to be paid to the mother and a prison sentence. According to the current status (February 20, 2013), the royal family intervened in the investigation to impose a high, possibly the maximum sentence (death penalty). It is unclear whether he was released in the meantime and then arrested again or was in custody the entire time. It is also unclear whether the girl was also raped . The Saudi judiciary announced a quick and transparent investigation.
In January 2013 the police took the former judge Dr. Sulayman al-Rashudi stated that he took the view at a meeting that it was lawful to take part in demonstrations. A video of the lecture was distributed on the Internet on December 11, 2012. Since this opinion is considered an attack on the state order, he is threatened with a trial before the special criminal court.
Areas of law
Constitutional law
The basic order (also known as the constitution or basic law) of the country has existed in writing since 1992. It is an 83-point document that was issued by King Fahd ibn Abd al-Aziz . The English name is Basic Law , the Arabic oneالنظام الأساسي للحكم an-nizām al-asāsī li-l-hukm .
The basic order determines that Saudi Arabia is an absolute monarchy , which is ruled by the male descendants of the king and state founder Abd al-Aziz ibn Saud . The constitution of the country, which is governed on the basis of Islamic Sharia law, is the Koran and the Sunna . The king’s power is theoretically limited by the rules of Sharia law and Saudi traditions. He must also maintain consensus among the House of Saud (the royal family), religious leaders ( ulema ) and other important elements of Saudi society. The state religion is Islam Salafi - Hanbali orientation. In the event of a vacancy, the leading members of the royal family elect the new king from among their number with the subsequent approval of the ulema . The king should maintain consensus between the royal house of Saud , the religious clergy ( ulema ) and other important elements of Saudi society. Since the ulema have a lot of influence on the population, the consensus with them is considered to be an important pillar of power for the royal family, the longstanding mutual ties of the royal family with the Islamic clergy contributed to the anchoring of the monarchy in Saudi Arabia in the past.
The first article of the constitution reads:
“The Kingdom of Saudi Arabia is a sovereign Arab-Islamic state. His religion is Islam. Its constitution is that of the Book of Almighty God, the Holy Quran and the Sunna (deeds and pronouncements of the Messenger). Arabic is the language of the kingdom. The capital is Riyadh. "
Point C in Article 5 stipulates that the Crown Prince should be chosen by the King while he is still alive. Article 7 enshrines the Shari'ah as the kingdom's primary source of law and states that other laws must submit to it. Article 8 describes the equality of citizens and mentions that the state builds on justice.
Role of the royal family
The king (Malik) as the supreme monarch plays a central role in the judiciary. The kingdom does not provide for a concrete separation of powers: according to Article 12 of the constitution, the sole ruling monarch has the duty to strive for the unity of the nation, but to keep away discord, riot and division. Based on Articles 12 and 50, he can intervene in the legislative , judicial and executive branches, the otherwise applicable independence of the courts under Article 46 is no longer protected by law in this case, as the king is above the law. He has sole state authority and can govern with unlimited powers. The king can rely on Article 55 of the constitution, which grants him this role as the “leader and supervisor of the politics of the nation”.
New laws are usually enacted by a resolution of the Council of Ministers with subsequent ratification by royal decree . However, if the king so wishes, he can also enact laws independently without involving the Council of Ministers.
The king is both head of state and government and at the same time custodian of the two holy cities. He is legibus solutus ( Latin for "detached from the laws"), which means that he is not subject to the laws that he himself enacts. According to Articles 60 and 61 of the constitution, the king is the supreme security body and the chief commander of the armed forces. He thus has sole and unrestricted (absolute) power over the police, the secret service ( al-Muchabarat al-'Amma ) and the Saudi military .
Criminal law
Unclearly defined criminal offenses give judges a great deal of discretion. Death sentences for religious offenses ( hudud ) can be made for qatʿ at-tariq , street robbery and armed assault, e.g. B. bank robbery , which are also an attack on the state order. Rebellion, terrorism, treason and corruption can also be punished with death. The variation usually arises when the Hanbalitic school of law cannot have a precedent ; in this case, a consensus ( idschmāʿ ) based on another school of law ( madhhab ) is found or idschtihad is applied.
A judgment ( fatwa ) from 1988 provides for the death penalty for "sabotage" and "depravity ( corruption ) on earth". Because they “promoted corruption in the country and endangered security”, z. For example, on April 4, 2005, six Somalis were beheaded who allegedly had committed car theft and threatened taxi drivers.
In addition, there is the principle of Qisā and a number of social and sexual offenses: murder, adultery, rape, sexual abuse of children and prostitution . This can also be imposed for drug trafficking , robbery in connection with seriously injured or dead people and trafficking or smuggling / production of alcohol and other drugs. Kidnapping and kidnapping are also listed as qisas and, at most, can result in the death penalty. In addition to qisas and hudud, criminal law also knows the principle of tazir (general censure), which includes, for example, drug abuse, human trafficking and corruption.
The death penalty can also be imposed for complicity, instigation and failure to act. In 2010, a couple was sentenced to death. According to the court ruling, the woman beat her seven-year-old stepdaughter to death with a broomstick. The father watched his wife do nothing and even cheered and motivated her.
The crime of adultery ( Zina ) is different as in other criminal acts between persons who muhsan or not. The law defines muḥsan as a person who is of age and sane. While an unmarried person could be lashed with a whip and could be imprisoned for up to one year in the maximum case, a married person can be punished with death in this case. Prerequisites for the determination of guilt are either a confession or the testimony of at least four witnesses. The confession can be withdrawn. Witnesses are required to report only what they actually saw, which makes it difficult to provide evidence. The penalty for “defamation for alleged fornication” ( qadhf ) is 80 lashes. The law knows no other possibilities of proof. The law does not apply to the pregnancy of an unmarried woman as circumstantial evidence, as rape cannot be ruled out.
Homosexuality is considered a Qisas offense, although there are currently no executions of the death penalty, homosexual acts in Saudi Arabia are threatened with the death penalty. The courts also impose lashes and prison sentences of varying lengths. At the end of 2007, two men were sentenced to 7,000 lashes each for their homosexuality. There is no protection against discrimination of sexual orientation due to the illegality of homosexuality. Sodomy can also be punishable by death.
The Qisas provides that the next of kin of a murder victim can pardon the perpetrator. This can also be done against the diyya ( blood money ). In the case of manslaughter , the court can issue a judgment that entails compensation under the Diyya. An execution is then ruled out. (UA-324 / 2008-1) If the relatives are not of legal age, the perpetrator remains in custody until the first child is of legal age and a decision has been made. The Iraqi Ali al-Shammari was arrested and convicted of murder back in 1995, but was not executed until 14 years later.
For apostasy and severe blasphemy (Ridda, Irtidad) (see Apostasy in Islam ), Saudi law provides for the death penalty. Although no death sentences are currently being pronounced, preliminary investigations are underway. Insulting religious institutions or Islam itself can also be charged with apostasy (see: Hamsa Kaschgari ). The last execution for apostasy was carried out in 1992.
The Saudi narcotics law is one of the strictest in the world. Alcohol is included. Importation and possession of natural and artificial drugs of all kinds - u. a. also Captagon tablets (amphetamine derivative) - lead to severe penalties. The possession of alcohol and other drugs is also prohibited, as is their sale. Small amounts lead to flogging. Trade and smuggling can be punished by death by the sword. There are also severe penalties for importing small quantities. In 1999, the customs authorities imposed a fine of 650 euros on Faustino Salazar for trying to import chocolate with an alcohol filling. Unable to pay the fine, he was investigated and sentenced to 75 lashes and four months in prison.
From 1993 to 2013, the following offenses were most frequently punishable by death:
- Murder : 1,071 people
- Drug smuggling / trafficking: 540 people
- Rape / abuse: 202 people
- Serious robbery: 86 people
- Rebellion: 63 people
- Bomb attacks: 16 people
Of the people executed between 1993 and 2009, the proportion of foreigners was 45%.
Criminal law provides for compensation fines, fines, imprisonment, physical sanctions (lashes), the death penalty (public decapitation with a sword), amputation of limbs such as B. by hand (in the case of serious theft, street robbery and armed robbery) as well as probation or general conditions.
Suffered pre-trial detention is counted towards the sentence in the case of prison sentences.
Commercial law
The trade law, created in the 1970s, is not tied to Sharia and Islam. In the decades that followed, the government established numerous non-religious judicial institutions. The secular area of law in the kingdom includes not only commercial law, but also traffic law, professional law and parts of criminal law. The ordinances are not called laws , but decrees , because according to the Islamic view, God is the sole legislator. However, a compromise was in fact chosen between religious ideology and the need to legislate. At least in theory, these ordinances or decrees must not contravene Sharia law, but in practice they do, e.g. B. with interest . The principle of Islamic banking is practiced in the kingdom on a voluntary basis and is not a duty. In civil law such as B. in inheritance law , marriage law and divorce law, the Sharia applies in full.
Contract law
Contract law, like the BGB in Germany, regulates the rights and obligations among citizens; in Saudi Arabia it is strongly tied to the Hanbali interpretation of Islamic law. Any contract that does not explicitly violate Islamic law (e.g. by Riba ) is legally binding. Foreigners and non-Muslims may not be disadvantaged or discriminated against by contract.
The Hanbali school of law is the most liberal of the four Sunni schools of law in terms of contractual freedoms . Prohibitions can only be derived from Islamic law. These include, for example, the prohibition of interest ( Ribā in Arabic ), prohibition of speculation ( Gharar ), gambling ( Maysir ), fraud , fraudulent misrepresentation and forgery .
Due to a lack of codification, civil disputes can often only be resolved with lengthy court hearings. As a result, the government announced in 2007 that it would codify and modernize contract law. In 2010, the Committee on Legal Issues took appropriate steps.
Marriage law
The marriage ( in Arabic نكاح Nikāh ) is a civil law contractaccording to the Muslim system.
She prescribes a marriage contract . This contract is to be signed by witnesses and specifies a certain amount of money (mahr) that is to be paid by the man to the woman. In the early 1990s, the value of an average mahr was between 25,000 and 40,000 riyals (10,000–15,000 euros); Occasionally, however, couples would reject the practice of the mahr outright and use a nominal amount to meet the formal requirements of Saudi marriage laws. According to Islamic law, polygyny is allowed as long as the husband can provide for all spouses.
The marriage contract can also define a specific amount to be paid to the woman in the event of a divorce or other conditions. There are no limits to the content of the marriage contract as long as it does not violate Islamic law.
In the case of a woman, marriage requires the consent of the male guardian (usually the father, if the brother or uncle has died). If this consent is not given, it can be given in court by a judge. For example, in March 2009, a judge gave consent to marriage despite objections from the male guardian and other men in the family. A young woman filed an application in court to marry a man who had previously been rejected by her father.
In the event of a divorce, custody passes to the father. Only up to a certain age do the children remain in the care of the mother. The divorce is possible in principle for both spouses, but more difficult to achieve for women than for men. For example, a woman's application for divorce requires specific reasons, which must be weighed up in court if the man argues against them. These reasons include not only poor supply, abuse, etc. also "Western" perspective unusual reasons such as infertility and impotence of the man. In 2009, for example, a woman applied for a divorce from her husband on the grounds that she had not had sex with him three years after her marriage. In addition, she requested compensation of 20,000 rials in a lawsuit in court.
The divorce rate was 35% in 2007 and is increasing.
A very contentious issue in the Saudi public is the minimum age for marriage, especially for women / girls. There is no minimum age for marriage in classical Islamic law and, due to the large discrepancy between legal opinions and opinions within lawyers and the population, it has not yet been established. While the Grand Mufti and the Committee for Legal Issues do not precisely define the minimum age, but estimate it to be 10 to 12 years, there are legal scholars who refer to the Prophet Mohammed and thus indicate the marriageable age as 6 to 9 years. Other lawyers such as the respected cleric Sheikh Abdullah al-Mania believe that the Prophet's marriage 14 centuries ago could not be used to justify child marriages today.
Due to the lack of codification, court judgments are very different in this regard: While some judges declare the marriages fundamentally invalid, they make others subject to conditions such as leaving the girl with the mother until she reaches a certain age (usually reaching puberty), or prohibiting her Sexual intercourse up to this age.
In 2010, the case of an eight-year-old girl in the city of Onaisa caused a sensation in the country. She was married to a 58-year-old man. Her parents are divorced; her father, who had custody of the girl, arranged the marriage. Even before the girl moved in with the husband, she was taken in by the mother. The girl and her mother's first petition for divorce in December 2009 was rejected by the court on the grounds that the girl should remain married until she reaches puberty, after which she could decide for herself whether to dissolve the marriage. On appeal, which took place in May 2010, the court granted the divorce petition and declared the marriage divorced.
In March 2013, the Ministry of the Interior presented guidelines for marriage. This includes that girls under the age of 16 are generally not allowed to marry and that the express permission of the mother and child is required to get married. Furthermore, a waiver is recommended, which can only be canceled by a court.
Since a judge's verdict (fatwa) in April 2005, forced marriage has been banned.
Employment Law
The Workers Act has been greatly expanded in recent years to protect workers' rights. Employers must meet a number of obligations. A completed year of employment triggers 15 days of paid vacation. Terminated employees are to be paid an “end-of-service” severance payment of at least half a month's salary for each year of service. If the employment period exceeds 5 years, a monthly salary is to be paid per year.
Since 2004, women have had the right to take on management positions in companies. Otherwise, they will be granted employment entitlements. Night work is not allowed. They are also entitled to maternity protection in larger companies (from 50 employees), the use of child minders (from 100 employees) and kindergartens. Women make up 10.7 percent of the workforce (as of 2007). They now earn more degrees than men. They work primarily in the fields of education, social services, health and media.
Immigration law
Saudi Arabia is not a tourist destination. Tourist visas are only available in very small numbers and under strict conditions, e.g. B. not awarded to single women under 45 years of age or for group travel. In the past, foreigners had to hand in their passports when they entered the country and were issued a national identity card for foreigners.
As a rule, entry into Saudi Arabia requires a formal, written invitation from a domestic Saudi stating interests and reasons, which must explain why a foreign national is required to complete certain tasks.
Business travelers from Germany generally need a letter from their company that has been certified by the Chamber of Commerce in Germany and an invitation letter from the Saudi partner certified by the Chamber of Commerce in Saudi Arabia. Alternatively, the approval of the Saudi Investment Promotion Agency (SAGIA) can be presented.
The inviting Saudi vouches to the state for the correct behavior of the immigrant, he usually becomes a "sponsor" ( Arabic كافل kāfil ) - and sometimes expects payment for it. Entry with a passport thatcontains Israeli stamps should be clarified beforehand with the Saudi embassy, as entry is usually refused and a fine of 5000 SAR (equivalent to approx. 960 euros or960 euros) for an entry attempt without all necessary valid papers 1'235 Swiss Francs (exchange rate from March 2011)) becomes due.
Israeli passport holders are prohibited from entering the country; the attempted entry with him is also punished with the aforementioned penalty of 5000 SAR. For a longer stay in the country, an HIV test is required or carried out, if the result is positive, entry will be refused.
In order to start work, the visas issued are usually given regional restrictions. This means that the province in which the person entering the country is allowed to stay is stated on the visa. Travel across the country is made impossible.
Gender-related law
There is widespread gender segregation in society - some areas in restaurants and department stores are open to women or men only. Educational institutions are equivalent to mono- education . Lectures by male lecturers follow the female students on a screen. Since 2009, a pilot project for joint teaching of girls and boys has started in some elementary schools, but the project had to be temporarily terminated after a court decision of the first instance. At the “König Abdallah University for Science and Technology” , which is primarily aimed at postgraduates , mixed classes are possible in some subjects.
In many life decisions, women are subject to the “guardianship of the husband” or male family members (so-called “mahram” ). According to customary law, men and women who are not married to each other or who are related in mahram status do not shake hands and do not speak directly to each other . The contact is considered "reprimanded". Extramarital relationships are directly prohibited by law. Relationships that do not involve sexual intercourse are also prohibited. For women of Muslim faith, the abaya must be worn in public - it must cover the hair and body with the exception of hands and face. Western women of the Christian faith play a certain special role. You are allowed a greater degree of freedom so your hair can remain uncovered. According to the Foreign Office, however, it is advisable to adapt to the clothing of Muslim women, especially in the country's central provinces.
In principle, there is also gender segregation at workplaces, private companies and hospitals are excluded. Although there is no specific law for this, it is largely practiced out of habit. The department store chain "Panda" violated the ban and hired female cashiers who, contrary to the usual practice, served not only female but also male customers. The department store ended this again after a few weeks after numerous angry citizens called for a boycott.
See also: Concealment in Saudi Arabia
Police law
The police authorities represent the executive body of the state. In addition, the National Guard and Customs assume sovereign tasks in the area of their jurisdiction.
Public Security Authority
The public safety authority (colloquial language Schurta /شرطة) is the official name of the regular police department . She is responsible for prosecuting criminal offenses. It is managed centrally. Police departments and guards are spread across the provinces. The Ministry of the Interior is responsible for the management . The powers of the police apparatus are of a sovereign nature ( monopoly on force ) within the framework of the constitution (service instructions). There is no codified police law . The police are obliged to investigate every criminal offense (see principle of legality ), if they fail to do so, the police officer is liable to prosecution in accordance with Articles 49 and 53 of the Basic Law.
Religious Police
According to Article 23, the state feels obliged to: al-amr bi-l-maʿrūf wa-n-nahy ʿan al-munkar ( Command the right and forbid the reprehensible). For this purpose, the Islamic Religious Police ( mutawwiʿ ) was founded in 1940 . For a long time pursued these acts that were inconsistent with Islam. With a series of reforms that were initiated in 2007, the religious police were deprived of the right to act sovereignly. The state police are therefore responsible for prosecuting crimes that violate Islamic law. This pursues far fewer crimes than the religious police used to do. Since the reforms, the religious policemen have usually been on the road with an officer from the regular police, who is authorized to determine the identity of passers-by and to record personal details. In October 2012, the religious police announced that they wanted to employ women in order to be able to better fulfill certain tasks.
Mabahith
The Mabahith al-Āmma (المباحث العامة) is a secret police and deals with internal security and counter-espionage. The Ministry of the Interior is responsible for the management.
Legal history
Reforms at the beginning of the 21st century
The Saudi judiciary is criticized in the country for its slow, inconsistent and non-transparent work. Legislation in 2005 reformed the criminal procedure and regulated the legal profession. In October 2007, the government announced far-reaching judicial reforms, which are primarily intended to intensify state control and create legal certainty in the economic sector. In 2010, the king announced further reforms in the area of economic and criminal justice done to allow, in particular the use of the intended ijtihad after the first codification of Sharia -Principles almost be impossible to get more certainty and clarity hopes that this, among others, in the case law . This would also massively limit the judges' discretion. The plan has met with reservations among many conservative lawyers, which slows down its implementation. In addition to the codification of the Sharia, the creation of a new judicial system within the framework of commercial and criminal jurisdictions is in the foreground. These should act according to a fully codified law and be responsible in the first instance in general, criminal, civil status, commercial and labor law areas. This would deny the current general and district courts the right to exist due to their far-reaching jurisdiction exercised within the framework of Sharia law. Another important change is the creation of appellate courts for each province.
The concrete proposals were approved by the Consultative Council in 2007 and approved by the King. The proposals include plans for a new general justice law (85 articles) and a new appeals law (26 articles).
Both laws provide for a Supreme Court for their department, which does not replace the previous Supreme Judicial Council, but will limit its function to administrative issues such as the appointment and salary of judges. Dozens of new specialty dishes are to be created below the two Supreme Courts. In addition to three special state security courts in Riyadh, Jeddah and Dammam, this means the establishment of family and administrative, but also labor and commercial courts, whose tasks had previously been carried out by departments of the respective ministries. The law provides for $ 2 billion to be spent on creating courts and training their staff.
One of the most common criticisms raised so far has been the impossibility of effectively taking legal action against breaches of contract. The courts now set up for this promise remedy. On balance, the reformers also welcomed the higher degree of legal certainty and, in particular, the opportunities to appeal.
The reforms have so far only been implemented to a limited extent, especially in the area of criminal law. A code of criminal procedure was introduced in 2001 and contains provisions similar to Egyptian and French law. However, according to a 2008 report by Human Right Watch, it was either unknown or routinely ignored to most judges and prosecutors.
literature
Further reading for the introduction
- Chibli Mallat: Introduction to Middle Eastern law . Oxford University Press, Oxford 2007, ISBN 978-0-19-923049-5 .
- Frank Vogel: Islamic law and legal system. Studies of Saudi Arabia . Brill, Leiden 2000, ISBN 90-04-11062-3 .
Individual evidence
- ^ Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. pp. 161-162. ISBN 978-90-8728-057-4 .
- ^ [Human Rights Watch (2009). Denied dignity: systematic discrimination and hostility toward Saudi Shia citizens. p. 12. ISBN 1-56432-535-0 ].
- ↑ derstandard.at: Campaign against the ban on women driving
- ^ Spiegel.de: Women's rights in hotels
- ↑ sueddeutsche.de:König cancels whip punishment against a woman driver
- ↑ spiegel.de: Action against woman2drive
- ↑ Saudi Arabia needs women who drive cars. In: news.ORF.at. September 27, 2017. Retrieved October 25, 2017 .
- ↑ Saudi women are now allowed to drive. In: tagesschau.de. Retrieved September 20, 2019 .
- ↑ Abdulrahman Yahya Baamir: Shari'a Law in Commercial and Banking Arbitration 2010, ISBN 978-1-4094-0377-7 , pp. 28-30.
- ↑ cwis.usc.edu ( Memento of the original from October 8, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. .
- ^ A b Women in Saudi Arabia - Grand Mufti Pronounces End of Forced Marriages. On qantara.de , April 21, 2005.
- ↑ a b Graeme R Newman: Crime and Punishment Around the World 2010, ISBN 978 0313351334 , p. 357 (accessed on 20 May 2012).
- ^ AI: Country report KSA
- ↑ BBC: Sri Lankan maid Rizana Nafeek beheaded in Saudi Arabia
- ↑ Saudi Arabia beheads Rizana Nafeek, Sri Lankan maid accused of killing infant. On: globalpost.com.
- ↑ Helen Chaplin: Helen Chaplin (1992): The Legal System. Saudi Arabia: A Country Study. United States Library of Congress. Retrieved February 24, 2012 .
- ^ AI: Human rights activists in court.
- ^ AI Report 2012 : “In February, the Justice Minister announced that the Specialized Criminal Court in Riyadh had issued preliminary verdicts in 442 cases, involving 765 security suspects. In April, the Interior Ministry said that 5,831 security detainees had been released in recent years, including 184 since the start of 2011; that 5,080 security detainees had been questioned and referred for trial while 616 were still being questioned; that 1,931 others had been questioned and could be referred to the Specialized Criminal Court; and that 1,612 people had been convicted of 'terrorism offenses'. In addition, 486 people convicted of security-related offenses were said by the Interior Ministry to have been compensated for being detained beyond the expiry of their sentence. "
- ^ Human Rights and Saudi Arabia's Counterterrorism Response
- ↑ Saudi Arabia: Islamic clergyman tortures daughter to death. On kath.net.
- ↑ Timothy Spangler: Child rape case roils Saudis. On: ocregister.com.
- ↑ Ex-judge in custody. At amnesty.de.
- ↑ saudinf.com profiles of Saudi Arabia: The Basic Law English, accessed on 5 May 2009
- ^ Joseph A. Kechichian: Succession in Saudi Arabia , Palgrave MacMillan, 2001, ISBN 0-312-23880-0
- ↑ www.shura.gov.sa The Basic Law Of Government , accessed on May 5, 2009
- ^ [Peters, Rudolph (2006). Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century. p. 148. ISBN 978-0-521-79670-5 .]
- ↑ Saudi Arabia: 6 Somalis beheaded for stealing a car. Death Penalty Initiative: News, April 4, 2005, accessed July 11, 2012 .
- ↑ Sueddeutsche: Seven-year-old mistreated to death
- ^ The Encyclopaedia of Islam. New Edition. Brill, suffering. Vol. 7, p. 474 ("Muhsan")
- ↑ Khoury / Hagemann / Heine: Islam-Lexikon AZ: Keyword criminal law.
- ^ Concise dictionary of Islam. Leiden 1976, p. 724.
- ↑ Brian Whitaker: Saudis' tough line on gays. The Guardian , April 9, 2005, accessed July 11, 2009 .
- ↑ 7,000 lashes for two gays. queer.de, October 5, 2007, accessed on July 11, 2009 .
- ↑ KSA-QA: Does he have to offer expiation for accidental killing if he struck them with his car and his wife died?
- ↑ AI: IRAQI EXECUTED
- ↑ AI: Fear of APOSTASIEVERFAHREN
- ↑ AI: IMMEDIATE DEATH SENTENCE DUE TO TWITTER MESSAGES
- ^ "Status of the International Covenants on Human Rights". E / CN.4 / 1999 / NGO / 9 (Fifty-fifth regular session). United Nations Commission on Human Rights. 29 January 1999.
- ↑ Cannabislegal.de: Drugs in Saudi Arabia
- ↑ AI: DANGEROUS BLOCKING PENALTY ( Memento of the original from March 4, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ www.todesstrafe.de Executions after offenses and crimes in Saudi Arabia
- ↑ todesstrafe.de : Executions of foreigners in Saudi Arabia
- ↑ Man talks about sex - and has to be imprisoned for five years
- ^ G. Steinberg: Foundation for Science and Politics (SWP), Berlin
- ^ Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present . p. 167. ISBN 978-90-8728-057-4 .
- ↑ Caryle Murphy: Saudi to codify Sharia 'for clarity' . The National. July 21, 2010. Retrieved October 18, 2013.
- ^ Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. p. 201. ISBN 978-90-8728-057-4 .
- ↑ Die Welt: Nine-year-old successfully files for divorce
- ↑ Spiegel-Online: Virgo despite three years of marriage: Saudi woman demands compensation
- ↑ n-tv.de:Women celebrate divorce parties
- ↑ Court ruling on forced marriage - twelve-year-old fights for divorce
- ↑ SD: Eight year old girl divorced
- ↑ arabnews.com: Tough guidelines for minor marriage hailed
- ^ Edward G. Hinkelman: Importers Manual USA: The Single Source Reference Encyclopedia for Importing to the United States 2011, ISBN 978-1-885073-93-8 , p. 133.
- ↑ www.ixpos.de Federal Agency for Foreign Trade Country dossier ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , here: Brochure II / 2007
- ↑ www.timaticweb.com National Israel (IL) / Destination Saudi Arabia, May 5, 2009 English
- ↑ Foreign Office KSA
- ↑ Foreign Office
- ↑ Foreign Office Culture
- ↑ SZ: Berfusverbot for women
- ^ Police of Riyadh
- ↑ a b Dammer, Harry R .; Albanese, Jay S. (2010). Comparative Criminal Justice Systems. p. 56. ISBN 978-0-495-80989-0 .
- ↑ - ( Memento of the original from January 12, 2008 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ http://www.carnegieendowment.org/publications/index.cfm?fa=view&id=19217&prog=zgp#tamanini
- ^ Saudi Arabia religious police chief announces new curbs
- ↑ Saudi Arabia Crawls Forward: Women Can Now Serve On Religious Police Force Saudi Arabia religious police chief announces new curbs
- ↑ travel.state.gov USA: KSA Crime ( Memento of the original from February 23, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ^ Saudi Arabia to recruit women to religious police force
- ↑ the-new-economy.com: Saudi reforms may take several years
- ↑ [Middle East Online: Saudi to codify Sharia 'for clarity': - ( Memento of the original from July 25, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. ]
- ↑ [Baamir, Abdul Rahman Yahya (2010). Shari'a Law in Commercial and Banking Arbitration. pp. 28-30. ISBN 978-1-4094-0377-7 ]
- ↑ Rasheed, Madawi al (2007): Contesting the Saudi State: Islamic Voices from a new generation, Cambridge
- ^ [Human Rights Watch (2008). Precarious Justice. p. 4. Retrieved July 12, 2011.]
