By Mikayla Watts ‘26

Country Overview

The Kingdom of Saudi Arabia (KSA) is a peninsula located in the Middle East. It is a fairly large country when considering population, as it is home to around 37.2 million people. The country is a monarchy, but unlike other countries that tend to employ a constitutional monarchy, Saudi Arabia operates under an absolute monarchy, where the crown holds all power in the state. The current king of the country is King Salman bin Abdulaziz, and the crown prince is Mohammed bin Salman. Islamic law (Sharia law) is the reigning legal system in the country, which the crown derives its authority from.

Legal System

When looking at the structure and power of the government, there seems to be a resemblance to the United States in certain aspects, as both have three branches of their governments. The Executive Authority of Saudi Arabia consists of the Council of Ministers, who are essentially the Cabinet of the king. There are over 20 ministries, each with a different specialization, such as Ministry of Education, Ministry of Justice, etc. 

There is also a legislative authority in the kingdom called the Regulatory Authority. This is a body of over 100 members who are appointed, serving renewable terms of four years. The Majlis Al-Shura (the Consultative Council), according to the Embassy of the Kingdom of Saudi Arabia, “proposes new laws and amends existing ones.” Inside the council, are many committees that are dedicated to making laws, which the Basic Law of Governance requires to “safeguard all interests, and remove evil from the State’s affairs.”

The final authority, the Judicial Authority, has ascending levels of courts. All trials begin in Summary or General courts, where cases are tried in front of one to three judges, meaning there are no trials by juries. Summary courts have jurisdiction over cases involving ta’zir (discretionary punishment). The punishments include the following: hadd (those prescribed by the Quran) and diyah (financial compensation). General courts tend to try larger-scale cases, where rajm (stoning)  or qisas (retaliatory punishment), including the death penalty, is involved. The final type of trial court is the Board of Grievances, which hears cases where the government is a party. Furthermore, there are two tiers of appellate courts, the first, Appellate Courts, and the second, the Supreme Court, both having appellate jurisdiction. This means that the courts review the lower court procedures and their officers. The Appellate Court employs a three-judge panel in civil matters and a five-judge panel in criminal matters. The Supreme Court has final judgment on cases in which a defendant has received the sentence of death, stoning, or amputation. 

Sources of Law

As previously mentioned, Saudi Arabia is an absolute monarchy. Despite this, the crown is somewhat limited, as the country operates under Sharia law. According to the Basic Law, this means that the government “derives its authority from the Book of God” and the teachings of Muhammad (Sunnah). These are the “ultimate sources of reference for…laws of the state.” Any subsequent laws made in the state are to be in accordance with the Quran and Sunnah. Although this is the case, the country has implemented its own codes. The Basic Law of Governance is the third constitution of Saudi Arabia. This document lays out the principles, values, rights, and authorities of the country. Other laws that have been codified include the Law of Judiciary, the Law of Criminal Procedure, etc. The final source of law in the country, although not routinely “referred to as legislation or laws,” is royal orders. Although technically not law, they do have “the force of law and are binding,” since the king holds absolute power. 

Rights and Liberties

Different codes outline rights that are to be afforded to defendants during trial proceedings. The law of Criminal Procedure allows defendants to “seek the assistance of a lawyer.” This right extends to the investigation, as well as the trial. Following the conclusion of a trial, defendants have the right to appeal. They are given two appeals, one to each of the previously mentioned courts. An additional right defendants possess is the right to be presumed innocent until proven guilty. Rights that are more general to the citizens of Saudi Arabia can be found in the Basic Law of Governance. Article 26 lays out a remarkably vague guideline on human rights, as those “in accordance with the Sharia” are to be protected. A law more specifically laid out by the Basic Law of Governance is the right to universal health care, as Article 31 of the Basic Law ensures “health care for every citizen.” 

Notable Moments in History

Saudi Arabia has a long history, which contributes to its modern-day operations. Beginning in the late sixth century, the Islamic prophet Muhammad was born in Mecca, in modern-day Saudi Arabia. Traveling all over the peninsula, he spread the Islamic faith, and in the seventh century, formed “an Islamic state based on the laws revealed in the Quran.” After his death, much of the Middle East, including Saudi Arabia, entered into the Islamic Golden Age, fronted by the Abbasid Caliphate. This era saw advancement in many fields, such as science and technology. After the end of this golden age, much of the region was conquered by the Ottoman Empire and was under its rule until the end of World War I. 

After the fall of the Ottoman Empire in 1932, the KSA was established, naming itself an Islamic state. All law came from the Quran, and there were no civil codes until late into the country’s history. The codification of the Basic Law of Governance in 1992 was especially notable, as it became a constitutional document. Another major codification was the development of the Civil Transactions Law in 2023, setting forth any private actions and their proper restitution.

Criminal System

The criminal system in Saudi Arabia is governed by the Law of Criminal Procedure, defining procedures regarding crimes and criminal trials. In initiating criminal action, “the victim or his representatives,” usually file the criminal complaint. While this can be done by prosecutors, if there is a civil angle the party wishes to take, they are free to initiate the action themselves. Once this is done, an investigation begins. Searches are only allowed when “a search warrant specifying the reasons” has been issued. Exceptions to this include consent or while “in hot pursuit of a perpetrator.” Once the trial has begun and charges have been filed, changes are permitted to occur. According to the code, the prosecutor can “amend the memorandum of charges at any time.” This implies that the prosecutor does not have to proceed under the initial charge(s) brought before the court. 

After the trial and a final judgment, that defendant cannot be charged under the “same acts and facts upon which the judgement has been rendered.” Besides a final judgment, there are some other ways for a criminal action to cease. These include a pardon by the king and “repentance, which satisfies Shariah requirements.” It is important to note that the cessation of a criminal action does not mean that corresponding civil cases are terminated.

Although there are many rights afforded to its citizens, they are not always followed in the KSA. As previously mentioned, the country explicitly places restrictions on what can be posted online. There have been two cases that stand out in particular where two young women have been jailed under terrorism charges for their opposition to the Saudi government’s policies. Salma al-Shebab was arrested in 2021 and released in February of this year after appealing her original 34-year sentence. Manahel al-Otaibi was arrested in 2022 and subsequently sentenced to 11 years in prison after calling for an end to Saudi Arabia’s guardianship system. There have been more wide-scale problems in the country, such as a mass execution that took place in March 2022. This was an event where 81 men were killed, many of whose “family members did not know,” according to BBC. Many of the trial proceedings were done in secret, along with the sentences.

Civil System

The bulk of the civil system in Saudi Arabia comes from the Civil Transactions Law, which comes from a Royal Decree in June 2023. This code covers much civil law, including torts, the legality of citizens, etc. When it comes to private actions, damages are to “fully cover the harm” and “restore the aggrieved party to his original position.” Furthermore, in the instance that civil and criminal actions occur simultaneously against one party, the “civil liability shall not prejudice criminal liability,” and the criminal punishment, or lack thereof, shall not influence that of the civil action.

United States Comparison

When it comes to the criminal process in Saudi Arabia and the United States, sources of law lay out several rights that are to be afforded to the defendant. Among these rights is to seek counsel for both investigations and the trial of a criminal action. Another similarity is the prohibition of ex post facto laws, meaning sanctions cannot be imposed on those who have taken an action before the action was made illegal. Furthermore, following a trial, citizens in both countries have the right to appeal their case to higher courts. A final right that is common to both countries is the right to petition to the government. The Basic Law expresses the peoples’ right to enter a complaint to the king, crown prince, and any other “public authorities” if there are “any matters of concern.” 

When it comes to the general freedoms of the people, however, there are discrepancies. The Basic Law of Governance directly controls media rights, banning any media that may lead to “disorder and division,” affect “the security of the state,” or impede on “human dignity and rights.” Contrarily, in the U.S., according to the First Amendment of the United States Constitution, Congress is prohibited from making any law “prohibiting the free exercise…or abridging the freedom of…the press.”  Punishment is major difference between the two as well. In the U.S. a majority of punishments include incarceration, fines, probation, and rarely any death sentences. In the KSA, punishment can be harsher and is handed down with more discretion.

Much of the law in the U.S. stems from common law, meaning precedent and case law are major sources of law. In Saudi Arabia, however, common law doesn’t exist, since all law is codified or comes from the Quran. Laws of procedure differ, as judges in Saudi Arabia play a more prominent role in trials, employing discretion to find the truth. In the U.S., attorneys act as fact-finders when questioning witnesses. Judges in the U.S. take more of a backseat in jury trials, only acting during certain times.

Mikalya Watts is a junior majoring in criminal justice.

Sources

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Civil Transactions Law. Bureau of Experts at the Council of Ministers Official Translation Department. (2023, June 18). Retrieved March 23, 2025, from https://gccbdi.org/sites/default/files/content-files/Resources/KSA%20Corporate%20Governance%20Index/Civil%20Transaction%20Law%20-%20English(3215637.1).pdf 

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U.S. Const. amend. I