Monarchy in Saudi Arabia. Saudi Arabia population form of government and political regime

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MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION

Federal State Autonomous Educational Institution of Higher Education

Nizhny Novgorod State University them. N.I. Lobachevsky"

Institute of Economics and Entrepreneurship

Abstract on the discipline: "Fundamentals of state and municipal government"

On the topic: "The state structure of Saudi Arabia"

Head: Pchelintsev V.A.,

Kovaleva M.I

Course 4, group 743-1k

N. Novgorod 2016

Kingdom of Saudi Arabia. State in Southwest Asia.

Territory - about 2240 thousand sq. km. The capital is Riyadh.

Population - 21.5 million people. (1999), mostly Arabs.

The official language is Arabic.

The state religion is Wahhabi Islam.

In the 7th century Islam arose on the territory of modern Saudi Arabia and the Arab Caliphate was formed. In the XII century. The Arab caliphate broke up into a number of independent states. In 1264 the country was conquered by Egypt, in 1517 it became part of the Ottoman Empire. In the XVIII century. the Saudi clan, in alliance with Muhammad ibn Abdul Wahhab and his followers, began a movement for the unification of Saudi Arabia under a single authority, which ended in 1902 with the establishment of Saudi rule over Riyadh, the current capital of Saudi Arabia. In 1932, the process of unification of the country was officially completed with the proclamation of the Kingdom of Saudi Arabia. In 1952, slavery was abolished in the country.

State structure . Saudi Arabia is a unitary state. Administrative division13 administrative districts (provinces).

Saudi Arabia is an absolute theocratic monarchy. The king is the personification of the power of the Saudi family, which historically has a leading role in political life countries.

The special position of the Saudi family is enshrined in the Basic Nizam on Power in 1992 - an act of a constitutional nature. In accordance with it, the power in the country belongs to the descendants of the King - the founder of Abdel Aziz Abdel Rahman al-Reysal Al Saud in the male line.

The head of state is the King, who is also the chairman of the Council of Ministers, the supreme commander of the armed forces. He has the right to declare war, a state of emergency and general mobilization, to appoint to all responsible civil, military and diplomatic posts.

The Council of Ministers is regarded as an organ of executive and regulatory power. It is formed by the King, to whom he is responsible. The Council of Ministers, together with the King, actually performs legislative functions: the nizams (regulations) approved by him are put into effect by royal decrees. The organization and activities of the Council of Ministers are regulated by a special Nizam of 1958.

The Consultative Council, whose organization is regulated by a special nizam of 1992, is an advisory body that expresses its opinion on the draft nizams prepared by the Council of Ministers. It is appointed by the King and consists of a chairman and 60 members for a term of 4 years. The Advisory Council also expresses its opinion on draft plans for socio-economic development, discusses ministerial reports and international treaties and agreements.

The activities of political parties and trade unions are officially prohibited.

Saudi Arabia is the birthplace of Islam. Islamic law here has never lost its role as the dominant source of law and still remains the core of the legal system.

Muslim law is one of the main legal systems of our time, the main feature of which is a close connection with the religious consciousness, moral and everyday prescriptions of Islam. The practical operation of Islamic law is characterized by a combination of personal (in many matters of personal status) and territorial principles of application.

Muslim legal science proceeds from the fact that the only legislator in the full sense of the word is Allah, whose will is directly reflected in the rules of conduct established by him or must be revealed by jurists. Based on this understanding, Muslim jurisprudence distinguishes four main sources of law: the Koran - the holy scripture (which, according to Islamic ideas, is a divine revelation transmitted through the prophet Muhammad), the sunnah of the prophet (embodied in hadiths - traditions that convey the sayings of the prophet or tell about his actions), ijma - the unanimous opinion of the most authoritative jurists on issues not directly regulated by the Koran and Sunnah, as well as - qiyas, i.e. inferences made by analogy.

In a legal sense, the leading formal source of Islamic law has traditionally been doctrine (fiqh) - the works of prominent Muslim jurists representing various schools of doctrine.

Islamic law is sometimes identified with Sharia. However, these concepts do not completely coincide, since Sharia, along with the rules of external ("practical") behavior, includes the foundations of religious dogma and ethical postulates addressed to the conscience of Muslims.

Over the centuries, Islamic law has developed within several of the leading schools of Muslim doctrine. Starting from the second half of the XIX century. the role of the main legal source is increasingly played by legislation, which acts as a kind of codification of the provisions of the Muslim legal doctrine. The action of other normative acts is theoretically allowed if it does not contradict the precisely formulated instructions of the Koran and Sunnah.

Since the rise of Islam in the seventh century AD and until the establishment of the Kingdom of Saudi Arabia in 1932, Muslim law was the basis of the country's legal system, although it interacted with local traditions and customs. The extension of the power of the Ottoman Empire to some areas of Saudi Arabia was accompanied by the introduction of a part of the Ottoman legislation, which persisted for a number of years after the formation of the Kingdom. Some of the acts adopted before 1932 are still in force in Saudi Arabia (for example, the Commercial Court Act of 1930, which acts as a commercial code).

At present, the legal system of the country continues to be fully oriented towards Muslim law, which is enshrined in the Basic Nizam on Power, according to which the Koran and the Sunnah are the supreme law of the country, and the power draws its authority from these sources, standing above all legal acts adopted in the country. Based on this principle, three main elements of the Saudi Arabian legal system can be distinguished. The first is represented by Islamic law proper, which remains generally uncodified and operates in the traditional form of doctrine. Moreover, if before the formation of the Kingdom, Saudi courts were ordered to apply the Hanbali doctrine (rejects analogy as a source of law), then at present they are not bound by any particular sense. The second element of the legal system is legislation that directly enshrines Islamic legal norms (for example, on zakat, waqfs, or the office of complaints). Finally, the third element is legal acts dealing with issues that traditional Muslim law did not regulate. Such acts are considered as a form of solving procedural and organizational issues necessary for the operation of Islamic law. The official concept of law-making adopted in the country proceeds from the fact that the only legislator is Allah, whose will is expressed in Sharia (Quran and Sunnah), and the state performs rule-making functions only within its framework. Therefore, the legal acts in force in the country are called nizams, i.e. regulations, and the bodies adopting them are regarded as the regulatory authority.

The action of all nizams is made dependent on their non-contradiction to Muslim law. The same principle can be traced in the approach to human rights and freedoms. Thus, according to the Basic Nizam on Power, the state protects human rights and freedoms in accordance with the Islamic Sharia, and Saudi society is built on the basis of strict adherence of all its members to the will of Allah, on their mutual cooperation in the creation of goodness and piety, their close solidarity and the prevention of a split between them as prescribed by the Quran. Among the fundamental rights guaranteed by the Basic Nizam on power, there are no such fundamental rights as freedom of religion, expression, assembly, political participation.

In Saudi Arabia, there is a structure designed to monitor the strict observance of the norms of Islamic law by both state bodies and citizens. For example, it includes the Council of the largest ulema, headed by the Mufti General of Saudi Arabia, as well as the Committee for the Control of Compliance with Shariah Precepts. The council of the largest ulema consists of 20 ulema - the highest religious theorists, especially revered experts on the Koran. This body is authorized to officially interpret Islamic law, in fact creating new legal norms.

The fundamental dependence of the legal system of Saudi Arabia on Islamic law does not prevent the borrowing of Western-style legislation, primarily in the field of business, finance, banking, invention and copyright law. In a number of areas (for example, intellectual property, international commercial arbitration), Saudi Arabia has fully embraced the rules international conventions and Western laws.

In the field of civil law, the central role belongs to Islamic law and nizams that do not contradict the provisions of Sharia.

Islamic law very strictly protects the right of private property, establishes the principle of the sanctity of the concluded contract. At the same time, it prohibits the charging of interest on money loans. This prohibition, however, is circumvented in practice (for example, by presenting income-generating property to the creditor). Compensation for personal injury is based on the general principle of "blood ransom".

On matters of personal status, the uncodified provisions of the Muslim legal doctrine continue to be applied, fixing polygamy, the dominant role of the husband in marriage and family relations.

In the commercial sphere, a number of nizams have been adopted and are operating, using foreign experience, taking into account the fundamental principles of Islamic law. Thus, the Nizam of the Commercial Court of 1930 operates, essentially a commercial code, the basis of which is the Ottoman Commercial Code of 1850, which in turn is based on the French Commercial Code. The only significant difference between the Saudi Nizam and the Ottoman code is the prohibition of charging interest on loans. In addition, Nizams on companies and commercial papers operate in the field of commercial law. Bill legislation is based on the Geneva Uniform Bill Law. In 1996, he was accepted by the lower classes on bankruptcy. Intellectual property relations are regulated by the laws on patents, copyrights, and trademarks. In 1994, the kingdom joined the Universal Copyright Convention.

The Nizam on Foreign Investment was adopted in 1978. Foreign and local entrepreneurs have the right to freely establish private enterprises and engage in any economic activity that is not prohibited or subject to special permission. National treatment does not apply to foreign investors in a number of areas of activity (catering, electricity generation, trade, transport and enterprises related to national security). Non-Saudis are not allowed to purchase property in Saudi Arabia, except in extremely rare cases. In general, the Saudi government encourages foreign investment, especially joint ventures. The Saudi partner must have at least 25% of the capital in such enterprises.

With the development of foreign economic relations in Saudi Arabia, modern forms of economic life are gradually emerging. In 1985, the kingdom launched its own stock market. Since 1997, foreigners have been allowed to enter it.

Saudi labor law prohibits trade unions, strikes and collective agreements. The Nizam on Labor and Workers of 1969 (in fact, the labor code) in Article 48 proclaims the right to work only for men. However, in general, the working conditions provided for by law are quite favorable for workers (forced labor is prohibited, overtime work is paid at an increased rate). The minimum age for employment is 14 years. Saudi Arabia has not acceded to the ILO Labor Rights Convention.

Like other branches of law, labor law is based on Sharia law. For example, in the case of injury to a worker at work, the court sets the amount of compensation in the form of an appropriate share of the amount of the ransom for blood.

State administration in the field of labor relations is carried out by the Ministry of Labor and Social Affairs. One of the main areas of labor policy is to prioritize the employment of indigenous Saudis, who account for only 1/4 of the entire labor force in the country.

Muslim jurists have developed a classification of offenses based on two main criteria: the degree of certainty of punishment for a particular offense and the nature of violated interests and rights. With this in mind, all offenses are divided into 3 groups. The first includes crimes that pose the greatest public danger, encroach on the "rights of Allah" (ie the interests of the entire Muslim community) and are punished by a precisely defined sanction - hadd (plural hudud). The second unites crimes that also carry a fixed punishment (qisas) but violate the rights of individuals. Finally, the third group consists of all other offenses - tazir, which are not punished by a rigidly established sanction and affect both the "rights of Allah" (they include violations of all religious duties) and private interests.

The hadd category includes such crimes as adultery, drinking, theft, robbery, unproven adultery, apostasy and rebellion. The crimes of qisas (retribution) category are murder and bodily harm of an irreversible nature. All other offenses are classified as tazir. It is believed that the state has the right to impose sanctions for these offenses at its own discretion. This opens up the possibility of adopting modern legislation that does not affect the first two categories of crimes.

Based on this approach, Saudi Arabia has adopted a number of nizams, which are considered as acts fixing the punishment of tazir for those crimes for which the Sharia provides for precise unchanging measures of responsibility. Such nizams include acts on liability for homosexuality, forgery of documents, counterfeiting, commercial abuse and fraud, and bribery. In accordance with the principles of Islamic law, particularly strict liability is established for speaking out against the head of state. In 1961, an act came into force in the country punishing an attempt on the life of the King and members of his family by death or imprisonment for up to 25 years. These nizams, together with the applicable provisions of the Sharia for crimes of the categories of hadd and qisas, implement the norms of the Basic Nizam on power, according to which the punishment is personal in nature, and the crime and punishment are determined only on the basis of Islamic Sharia and the prescriptions of the nizams.

Sharia-based criminal law in Saudi Arabia also applies to non-Muslims, including foreigners (there are many cases of punishment of foreigners for crimes of the category hadd and qisas).

The system of punishments in the criminal law of Saudi Arabia includes, in particular, the death penalty and corporal punishment.

The death penalty in Saudi Arabia is applied quite widely for a number of crimes of the hadd category (robbery, extramarital sexual relations, apostasy, rebellion), premeditated murder (crime of the qisas category), as well as for certain crimes of the tazir category (for example, possession, distribution and manufacture of drugs) . Sentences are executed publicly by beheading with a sword or stoning (for extramarital sex). The death penalty for intentional murder is applied at the request of the victim's relatives, who can replace this punishment with a "blood ransom" (diya). Only men, the heirs of the deceased, have the right to such a choice. In 1934, the amount of the full "blood ransom" in the case of premeditated murder was set at 1,000 rials, while at present it is 45,000 rials. For bodily injuries of varying severity, payment to the victim of a certain part of this amount is provided. This principle is also enshrined in the labor and transport legislation of Saudi Arabia.

Corporal punishment is applied for some hadd crimes (for example, the use of alcohol or drugs is punishable by 80 lashes), as well as for a number of tazir crimes in accordance with the provisions of the relevant nizams.

In addition to the usual (painful), self-mutilating punishments are also applied. Thus, the theft that meets all the criteria established by the Muslim legal doctrine is punished by cutting off the hand. In 1960-1980. such a measure was used quite rarely, but in the 1990s. cases of amputation of the hand became more frequent.

The criminal process in Saudi Arabia is generally based on the norms of Islamic law, enshrined by the Nizams. Following Sharia, these acts do not make a clear distinction between criminal and civil proceedings. It is on this principle that the nizam on the court of 1975, the nizam on the Sharia process of 1989 and some other acts are built, which establish a number of principles that coincide with the generally recognized democratic foundations of legal proceedings (the formal equality of all before the law and the presumption of innocence, placing the burden of proof on the plaintiff ). However feature The rules of criminal procedure applied in Saudi Arabia is to maintain a system of formal evidence and private prosecution for a number of serious crimes (for example, murder). As evidence, priority is given to the testimonies and the confession of the accused.

The accusation (claim) must be supported by two male witnesses, preferably Muslims, or one male and two females. Sharia formulates especially strict requirements for proving extramarital sexual intercourse - the testimony of four male witnesses is required. Guilt in such a crime can be proved by the confession of the accused.

In cases of proven crimes of the hadd category, pardon is not possible. However, since the confession of the accused is sufficient even in the absence of witnesses and other evidence, the refusal of a confession at any stage of the trial may lead to the abandonment of the hadd punishment.

Cases of crimes for which the death penalty, stoning, or amputation of an arm or leg are allowed as a sanction are tried at first instance by the general courts. Sentences in such cases are delivered by three judges and can be appealed to the Court of Appeal, which hears the appeal by five judges. The Court of Appeal has the right to approve the verdict or demand that the general court review it. The final death sentence is submitted to the Supreme Judicial Council for approval and comes into force after the issuance of the relevant royal decree.

Judicial system. Control bodies. in Saudi Arabia until the mid-1970s. The Muslim court system had three levels. The lower courts were the courts of summary jurisdiction, in each of which one qadi considered minor property disputes, matters of personal status and minor offenses. There were two Courts of Appeal whose jurisdiction included hearing appeals against decisions of lower courts, as well as real estate disputes and serious criminal cases. Each of the courts of appeal was appointed with three members, but most of the cases were heard by one judge (the full court heard only cases related to the murder). The decisions of these courts in the most serious cases were approved by the Supreme Judicial Council, which played the role of the supreme court of appeal.

At present, Saudi Arabia has a slightly different judicial system introduced by the Nizam on the courts of 1975. It includes courts of first instance of one qadi, deciding marriage and family cases and minor civil disputes; the so-called general courts, which consider criminal offenses as part of three qadis; the Court of Appeal, which has chambers for criminal, marriage and family and other matters, as well as the Supreme Judicial Council, which controls all Muslim courts and performs the functions of the highest appellate instance in the most serious criminal cases. The Supreme Judicial Council consists of 11 members selected from leading ulema. Judges are appointed by the King from among persons with higher religious and legal education. saudi law criminal hadd

The judiciary also includes the Office of Complaints, which acts as an administrative court, and also considers any disputes in which the state is one of the parties. The country also has specialized courts - commercial and labor disputes.

The entire system of justice bodies is headed by the Ministry of Justice (established in 1970) and the Supreme Judicial Council.

Literature

1. Amin S. H. Middle East Legal Systems. Glasgow, 1985, pp. 305-327.

2. Ballantyne W. M. Legal Development in Arabia. L., 1980.

3. Lerrick A. and Mian J. Saudi Business and Labor Law. L., 1982.

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Saudi Arabia

By the time the reign of the second caliph Umar ibn Khattab (634) began, all Jews were expelled from the Hijaz. At the same time, a rule arose according to which non-Muslims do not have the right to live in Hijaz, and today in Medina and Mecca.

As a result of the conquests by the 9th century. The Arab state spread over the territory of the entire Middle East, Iran, Central Asia, Transcaucasia, North Africa, and Southern Europe (the Iberian Peninsula, the islands of the Mediterranean Sea). Middle Ages By 1574, the Ottoman Empire, led by Sultan Selim II, finally conquered the Arabian Peninsula.
The Arabs began to make the first attempts to build their own statehood. The most influential Arab families in the Hejaz at that time were Sauds and Rashidis.

The first Saudi state The origin of the state began in 1744.

State structure and political system of Saudi Arabia

In accordance with it, Israel was asked to withdraw all its forces from the territories occupied after 1967, return the Palestinian refugees and recognize an independent Palestinian state with its capital in East Jerusalem. In exchange, Israel was guaranteed recognition by all Arab countries and the restoration of "normal relations."

Attention

However, as a result of the position taken by a number of Arab countries and Israel, the plan failed. During the Gulf War (1990-1991), Saudi Arabia played a decisive role in building a broad international coalition.

The Saudi Arabian government provided coalition forces with water, food and fuel. In total, the cost of the country during the war amounted to 55 billion rubles.
dollars However, the war in the Persian Gulf caused a deterioration in diplomatic relations with a number of Arab states.

geolike.ru

Important

Mosque of the Prophet Muhammad The Kingdom of Saudi Arabia borders on Jordan, Iraq, Kuwait, Qatar, the United Arab Emirates, Oman and Yemen. It is washed in the northeast by the Persian Gulf, and in the west by the Red Sea.

It is a welfare state thanks to large oil reserves (second place in the world in oil production and export after Russia). State symbols Flag - approved on March 15, 1973.

It is a rectangular green panel, with a shahada (Muslim creed): “There is no deity worthy of worship except Allah and Muhammad, His messenger.” To make the inscription readable on both sides, the flag is sewn from two identical panels. The sword symbolizes the victories of the founder of the country - Abdelaziz Ibn Saud.
The coat of arms is the emblem of Saudi Arabia. Represents two swords and a palm tree. The palm symbolizes the main tree of Saudi Arabia.

Government of Saudi Arabia

White saxaul and camel's thorn grow here and there on the sands, lichens grow on hamads, wormwood, astragalus grow on lava fields, solitary poplars, acacias grow along the wadi channels, and tamarisk in more saline places; along the coasts and solonchaks - halophytic shrubs. Camel thorn flower A significant part of the sandy and rocky deserts are almost completely devoid of vegetation.

In the mountains of Asir there are areas of savannas, where acacias, wild olives, almonds grow. In the oases there are groves of date palms, citrus fruits, bananas, cereals and horticultural crops.
Almond tree Fauna The fauna of Saudi Arabia is diverse: antelope, gazelle, hyrax, wolf, jackal, hyena, fennec fox, caracal, wild onager donkey, hare live here. Caracal is not a lynx. But from the cat family there are many rodents: gerbils, ground squirrels, jerboas, etc. There are many reptiles: snakes, lizards, turtles.

Territorial-state structure

In July 2002, the Saudi kingdom transferred 46.2 million dollars to the accounts of the Palestinian autonomy. The government of Saudi Arabia allocated another 15.4 million dollars as donations Palestinian National Authority (PNA) in October 2002.

This payment was made within the framework of the decisions of the Arab League summit in Beirut (March 27-28, 2002). Saudi Arabia was one of three countries to establish diplomatic relations with the Afghan Taliban in 1997, but broke off in 2001.

Since the beginning of the 21st century, especially after the September 11, 2001 terrorist attacks, there have been signs of a cooling in the country's relations with a number of Western countries, caused by accusations of promoting international Islamic terrorism. The country has diplomatic relations with the Russian Federation.

First installed from the USSR in 1926.
According to legend, after the fall, Eve, having fallen to Earth, ended up in the Jeddah or Mecca region, and Adam ended up in Sri Lanka and left a footprint on Adam's peak, revered by Buddhists as the footprint of Buddha, and by Shaivites as the footprint of Shiva. The place of the grave was concreted by religious by the Saudi Arabian authorities in 1975, because pilgrims, in violation of Islamic traditions, prayed at the grave after the Hajj season. Eve's tomb, photo 1894. Jeddah has a port on the east coast of the Red Sea, which receives the main flow of pilgrims heading for the Hajj to Mecca and Medina.

The subway is under construction. In the northern part of the city, they plan to build the world's tallest skyscraper. Rub al-Khali Desert Occupies the southern third of the Arabian Peninsula, it is one of the largest deserts in the world.

The sand lies on top of gravel or gypsum, the height of the dunes reaches 250 m.

saudi arabia form of government

Riyadh Official language - Arabic Currency - Saudi riyal Largest cities - Riyadh, Jeddah, Mecca, Medina. Territory - 2,149,000 km². Population - 26,939,583 people. State religion - Islam. Administrative division - 13 provinces. Economy - The advantage of the economy is the huge reserves of oil and gas and the accompanying processing industry. Export - oil and oil products. Imports - industrial equipment, food, chemical products, automobiles, textiles. Armed forces - ground forces, missile forces, navies, royal air forces, air defense forces.
Saudi Arabian Navy Sports - the most popular game is football, as well as volleyball and basketball. Drifting is very popular among young people - the technique of driving a car in a controlled skid.
In the mid-1950s, the National Guard was also created from tribal militias loyal to the royal family (about 77 thousand, including 20 thousand tribal militias), which, according to Western experts, significantly exceeds regular forces in terms of level of training and weapons. Its task is to ensure the security of the ruling dynasty, the protection of oil fields, airfields, ports, as well as the suppression of anti-government protests. In addition to the regular armed forces, there is also a Border Guard Corps (10.5 thousand) and coast guard troops (4.5 thousand).
Only after the war were relations restored to their previous level with Tunisia, Algeria and Libya, which refused to condemn the Iraqi invasion of Kuwait. Saudi Arabia's relations with countries that expressed support for Iraq's invasion of Kuwait - Yemen, Jordan and Sudan - remained extremely tense during the war and immediately after its end.
One of the manifestations of this policy was the expulsion of over a million Yemeni workers from Saudi Arabia, which further exacerbated the existing border conflict. The pro-Iraqi position of the leadership of the Palestine Liberation Organization (PLO) also led to a deterioration in its relations with Saudi Arabia and other countries of the Persian Gulf. Saudi Arabia's relations with Jordan and the Palestinian Authority were normalized only in the late 1990s, at the same time the assistance of the Saudi government to the Palestinian authorities was resumed.

saudi arabia form of government

Deserts and rare oases, forests cover 1% of the territory. Large reserves of oil and natural gas. Population: 26.4 (54.7) million people Arabs (90%), immigrants from South Asia. Density: 11 people/km2. Average annual increase: 37 per 1,000 inhabitants. Migration balance: +1.23 people per 1,000 inhabitants. Unemployment: 25%. Age composition: 0-14 years old - 43%; 15-59 years old - 52%; 60 and more years - 5%. Average age: 18.8 years, average life expectancy: 72.2 years. Religion: Islam. Urban population: 88%, largest cities: Riyadh, Jeddah, Mecca, Medina. State language: Arabic; English is also used. Economy. GDP per capita: $8,561 ($12,650) GDP structure: in agriculture - 5.2%; in industry - 51.2%; in the service sector - 43.6%. Industry: mining, petrochemical, metallurgy, food.

saudi arabia form of government unitary

In 570, an event occurred that determined the further fate of the Arabian Peninsula - Muhammad, the future prophet, was born in Mecca. His teaching literally turned the history of these lands, subsequently influenced the features of the form of government of Saudi Arabia and the culture of the country.

The followers of the prophet, known as caliphs (caliphs), conquered almost all the territories of the Middle East, bringing Islam. However, with the advent of the caliphate, whose capital was first Damascus, later Baghdad, the significance of the prophet's homeland gradually lost its importance.

At the end of the XIII century, the territory of Saudi Arabia was almost entirely under the rule of Egypt, and after another two and a half centuries, these lands were ceded to the Ottoman Porte. The emergence of Saudi Arabia In the middle of the 17th century, the state of Najd appeared, which managed to achieve independence from the Porte. In the middle of the 19th century, Riyadh became its capital.

The Kingdom of Saudi Arabia (Southwest Asia) is a country on the Arabian Peninsula that stretches from the Red Sea to the Persian Gulf, bordered in the north by Jordan, Iraq and Kuwait, in the east by Qatar and the United Arab Emirates, in the southeast by Oman, in the south - with Yemen, in the west it is washed by the Red Sea. Land borders - 4415 km. Border countries - Iraq 814 km, Jordan - 728 km, Kuwait - 222 km, Oman - 676 km, Qatar - 60 km, United Arab Emirates - 457 km, Yemen - 1458 km.

Saudi Arabia is the center of the Islamic world. The official religion is Islam and, according to various estimates, from 85.0% to 93.3% of Saudis are Sunnis, from 3.3% to 15.0% are Shiites. In the central part of the country, almost the entire population is Hanbali-Wahhabis (they include more than half of all Sunnis in the country). The west and southwest are predominantly inhabited by Shafiites, a branch of Sunnism. There are also Hana-Fiti, Malikiti, Hanbali-Salafiya and Hanbali-Wahhabis. There are small numbers of Ismaili Shiites and Zaidis. A significant group of Shiites (about a third of the population) lives in the east, in Al-Has. Christians make up about 3.0% of the population.

General characteristics of the organization of public authority of the Kingdom of Saudi Arabia

In the second half of the XX century. in many countries of the world with different state and political systems, a large number of administrative reforms. The result of the ongoing reforms was to reduce the number and size of numerous state structures, increase the powers of the private sector in order to reduce financial costs, as well as stop the practice of duality (duplication of powers) between the various structures of the state apparatus.

The Kingdom of Saudi Arabia is no exception. Attempts to carry out administrative reforms began from the moment the state was founded in March 1932, when the first legal documents were adopted, fixing the general principles of the state structure and government of the country. According to the Fundamentals of Government, Saudi Arabia is an absolute theocratic monarchy ruled by the sons and grandsons of the founding king, Abdulaziz ibn Abdul Rahman al-Faisal Al Saud. The Holy Quran serves as the country's constitution, which is adopted on the basis of Islamic law (Sharia).

The highest authorities include the head of state - the hereditary prince, the Council of Ministers, the Advisory Council, the High Council of Justice. However, the real structure of the monarchical power of Saudi Arabia is somewhat different from how it is presented in theory. To a large extent, the power of the king is exercised by the Al Saud family, consisting of more than five thousand people, who form the basis of the monarchical system in the country. The king, in exercising control, relies on the advice of leading representatives of the family, including his brothers. His relations with leading religious leaders are built on the same basis. Equally important to stability is the support of noble families, as well as religious families that are a side branch of the Saudi dynasty.

Head of state and religious leader of the country (imam) - Attendant of the two Holy Mosques (al-Haram in Mecca and the Prophet's Mosque in Medina) and at the same time is the Prime Minister, Commander-in-Chief of the Armed Forces and Chief Justice. The head of state has full executive, legislative and judicial powers. His powers are theoretically limited only by Sharia and Saudi traditions. The king is called upon to maintain the unity of the royal family, religious leaders (ulama) and other members of the Saudi community.

The mechanism of succession to the throne was officially fixed only in 1992. The heir to the throne is appointed during his lifetime by the king himself, with the subsequent approval of the ulema. According to centuries old traditions There is no clear system of succession in Saudi Arabia. Power usually passes to the eldest in the family, the most suitable to perform the functions of the ruler. To ensure a conflict-free change of power in the country, at the beginning of June 2000, by the decision of King Fahd and Crown Prince Abdullah, the Royal Family Rada was formed, which includes the eighteen most influential direct descendants of the founder of the Arabian monarchy, Ibn Saud. According to the constitution, the king heads the government (it has existed in its current form since 1953) and determines the main directions of its activity.

Council of Ministers combines both executive and legislative functions. All its decisions must be compatible with Sharia law, taken by majority vote and subject to final approval by royal decree. The most important ministries are usually headed by representatives of the royal family. The ministers assist the king in exercising his powers under the Constitution and other laws.

There is no legislative body - the king rules the country with the help of adopted decrees. Since December 1993, under the monarch, Advisory Board (KR, Majlis al-Shura), consisting of scientists, writers, businessmen, prominent members of the royal family, which constitute the first unified public forum in the history of Saudi Arabia. The Advisory Council is called upon to develop recommendations to the government on the socio-economic development of the country, to draw conclusions from various legal acts and international agreements. At least 10 members of the Council have the right of legislative initiative. They may propose a new draft law or additions and changes to existing legislation and submit them to the Chairman of the Council. All decisions, reports and recommendations of the Council must be submitted directly to the King and the President of the Council of Ministers for consideration. If the points of view of the two councils agree, the decision is made with the consent of the king; if the points of view do not agree, the king has the right to decide which solution will be accepted.

According to the decree of 1993, the Advisory Council consisted of 60 members and a chairman appointed by the king for a term of 4 years. In July 1997, the membership of the Advisory Council increased to 90 members, and in May 2001 to 120. With the expansion, the composition of the Council also changed, in 1997 it included for the first time three representatives from the Shiite minority; since 1999, women have been allowed to attend meetings of the Advisory Council. So, today, the personal composition of the Advisory Council is 150 members, of which 6 are women. At the same time, 64.0% of deputies have a doctoral degree, 14.0% - a master's degree, 21.0% - a bachelor's degree. 80.0% of MPs with PhD degrees are graduates of Western European universities.

The Advisory Council is headed by a Chairman, who is appointed by the King for a term of four years. The Chairman directs the work of the Majlis and organizes the activities and interaction of the specialized bodies of the Council, commissions (committees). The total number of commissions is twelve: on Islamic issues; rights and human rights; on the development of society, family and youth; on issues of economy and energy; on culture and information; for questions foreign policy; for health and environment; on financial matters; administration, personnel and petitions; on the development of public infrastructure; on transport and information technology.

In the last decade, a significant reform of the administrative system of Saudi Arabia has been carried out. It must be said that this was not the first experience of administrative reforms in the Kingdom. So, during the reign of the first king Abdulaziz al-Saud, it was decided to create a Committee for Control and Implementation of Reforms. One of the tasks of the Committee was to study and study the system of state and municipal authorities as the executive body of the state.

With virtually no changes in its structure, the Committee for the Control and Implementation of Reforms operated until 1956, when further work on the study and revision of the public administration system began to be carried out in close cooperation with the World Bank for Reconstruction and Development.

The next significant step in improving the system of administrative power of the Kingdom was the creation Supreme Committee for Administrative Reform in 1962. The main goal of the Committee was to concentrate efforts to improve the organizational structures of the state apparatus, as well as to simplify the procedures and procedures for the implementation of their activities.

Attempts were made by the Supreme Committee to reorganize most government departments. For example, during the reign of King Abdulaziz Fahd from 1981 to 2001. 79 decisions were made aimed at reorganizing and improving the structures of the state apparatus, and 9 other decisions changed the system and rules for the functioning of individual departments. However, the actions taken had one negative point, which was that the reorganization of the structures of the state apparatus was carried out individually, in isolation from each other, which later led to problems in interaction.

In 2000 he began his work General Ministerial Committee for Administrative Reform, the purpose of which was to restructure the entire system of government departments. This was the first step in the reform.

The existing system of state authorities of the Kingdom of Saudi Arabia, today, is characterized by a rather intricate structure, where the powers of some state bodies, not related to each other, can be duplicated. For example, the agency for archeology is subordinate to the Ministry of Education, while a number of agencies whose activities indirectly relate to cultural issues were subordinate to the Ministry of Culture, although the goals of the activities of these departments differ significantly.

This series can be continued. For example, in the National Security Agency, the Ministry of Defense and Aviation, as well as in the Royal Committee for the Development of the cities of Al Jubail and Yanbu, departments of culture and education have been created, which, by the nature of their activities, should be within the structure of the Ministry of Education. And there are many such examples.

The existence in the world of such popular phenomena as globalization, the Internet, consumer satisfaction contributed to the reduction of spending on the needs of the state apparatus, the implementation of government plans by setting more standards for the private sector. The presence of the above phenomena inspired the authorities of Saudi Arabia to begin restructuring the system of public authorities, to provide it with a temporary nature, to focus it on commercial activities, as well as to allow the privatization of some of the state structures in whole or in part. For example, to date, the Kingdom of Saudi Arabia has achieved some results of such activities, such as the privatization of the national telecom operator Saudi Telecom and the transfer of the civil aviation system to the Independent General Agency (IGA). The main priorities of the Government of Saudi Arabia in the near future is to allocate additional funds on the development of water infrastructure and education, since the lack of water and rapid population growth do not allow the country to fully provide itself with agricultural products.

The main tasks of the General Ministerial Committee for Administrative Reform were: a) planning and subsequent implementation of the national project for the restructuring of the system of public authorities; b) studying the structures of civil society, as well as comparing the size of organizations and companies in Saudi Arabia in terms of the number of specialists working in them.

Due to the significance and complexity of this project, it became necessary to establish a ministerial preparatory committee within the General Ministerial Committee for Administrative Reform, whose responsibilities would be to exercise overall control over the implementation of the project until its completion. A Commission for the Preparation and Implementation of Administrative Reform (Preparatory Commission) was also established, whose tasks included drawing up plans and stages of reform, preparing proposals and recommendations, and submitting reports to the Ministerial Preparatory Committee, which are received by general information on the progress of the work being done.

The implementation of the administrative reform of the executive authorities of the Kingdom of Saudi Arabia was supposed to take three years. The system of public authorities was supposed to be divided into 21 branches during four predetermined time stages, each of which included several sub-stages.

One of the main responsibilities of the head of the preparatory commission was the formation of a Working Study Group to study each of the reorganized branches. The working group almost entirely consisted of experts from the Institute of State and Municipal Administration - specialists in the formation of organizational structures, as well as personnel and financial policy. The Working Group also included employees of the Ministry of Civil Service, the Ministry of Finance, as well as employees of the relevant reorganized departments.

Thus, during the implementation of the project, the education sector was singled out as a separate industry. Thus, a new industry appeared - training and retraining of personnel, the implementation of which was postponed to the fourth stage.

Members of the Ministerial General Committee for Administrative Reform included: Prince Sultan bin Abdulaziz, who simultaneously served as the Second Deputy Prime Minister of Saudi Arabia, Minister of Defense and Aviation, and Auditor General of the Kingdom; Minister of the Interior, Minister of Finance, Minister of Civil Service, Minister of Planning, Minister of Labor and Social Development, Minister of Water Resources and Electrification, Minister of Economic Development and Planning, Director of the Institute of State and Municipal Administration, Chairman of the Expert Agency under the Council of Ministers and three Ministers of State.

State in Southwest Asia.
Territory - about 2240 thousand sq. km. The capital is Riyadh.
Population - 21.5 million people. (1999), mostly Arabs.
The official language is Arabic.
The state religion is Wahhabi Islam.
In the 7th century Islam arose on the territory of modern Saudi Arabia and the Arab Caliphate was formed. In the XII century. The Arab caliphate broke up into a number of independent states. In 1264 the country was conquered by Egypt, in 1517 it became part of the Ottoman Empire. In the XVIII century. the Saudi clan, in alliance with Muhammad ibn Abdul Wahhab and his followers, began a movement for the unification of Saudi Arabia under a single authority, which ended in 1902 with the establishment of Saudi rule over Riyadh, the current capital of Saudi Arabia. In 1932, the process of unification of the country was officially completed with the proclamation of the Kingdom of Saudi Arabia. In 1952, slavery was abolished in the country.

State structure

Saudi Arabia is a unitary state. Administrative division13 administrative districts (provinces).
Saudi Arabia is an absolute theocratic monarchy. The king is the personification of the power of the Saudi family, which historically has a leading role in the political life of the country.
The special position of the Saudi family is enshrined in the Basic Nizam on Power in 1992 - an act of a constitutional nature. In accordance with it, the power in the country belongs to the descendants of the King - the founder of Abdel Aziz Abdel Rahman al-Reysal Al Saud in the male line.
The head of state is the King, who is also the chairman of the Council of Ministers, the supreme commander of the armed forces. He has the right to declare war, a state of emergency and general mobilization, to appoint to all responsible civil, military and diplomatic posts.
The Council of Ministers is regarded as an organ of executive and regulatory power. It is formed by the King, to whom he is responsible. The Council of Ministers, together with the King, actually performs legislative functions: the nizams (regulations) approved by him are put into effect by royal decrees. The organization and activities of the Council of Ministers are regulated by a special Nizam of 1958.
The Consultative Council, whose organization is regulated by a special nizam of 1992, is an advisory body that expresses its opinion on the draft nizams prepared by the Council of Ministers. It is appointed by the King and consists of a chairman and 60 members for a term of 4 years. The Advisory Council also expresses its opinion on draft plans for socio-economic development, discusses ministerial reports and international treaties and agreements.
The activities of political parties and trade unions are officially prohibited.

Legal system

general characteristics

Saudi Arabia is the birthplace of Islam. Islamic law here has never lost its role as the dominant source of law and still remains the core of the legal system.
Muslim law is one of the main legal systems of our time, the main feature of which is a close connection with the religious consciousness, moral and everyday prescriptions of Islam. The practical operation of Islamic law is characterized by a combination of personal (in many matters of personal status) and territorial principles of application.
Muslim legal science proceeds from the fact that the only legislator in the full sense of the word is Allah, whose will is directly reflected in the rules of conduct established by him or must be revealed by jurists. Based on this understanding, Muslim jurisprudence distinguishes four main sources of law: the Koran - the holy scripture (which, according to Islamic ideas, is a divine revelation transmitted through the prophet Muhammad), the sunnah of the prophet (embodied in hadiths - traditions that convey the sayings of the prophet or tell about his actions), ijma - the unanimous opinion of the most authoritative jurists on issues not directly regulated by the Koran and Sunnah, as well as - qiyas, i.e. inferences made by analogy.
In a legal sense, the leading formal source of Islamic law has traditionally been doctrine (fiqh) - the works of prominent Muslim jurists representing various schools of doctrine.
Islamic law is sometimes identified with Sharia. However, these concepts do not completely coincide, since Sharia, along with the rules of external ("practical") behavior, includes the foundations of religious dogma and ethical postulates addressed to the conscience of Muslims.
Over the centuries, Islamic law has developed within several of the leading schools of Muslim doctrine. Starting from the second half of the XIX century. the role of the main legal source is increasingly played by legislation, which acts as a kind of codification of the provisions of the Muslim legal doctrine. The action of other normative acts is theoretically allowed if it does not contradict the precisely formulated instructions of the Koran and Sunnah.
Since the rise of Islam in the seventh century AD and until the establishment of the Kingdom of Saudi Arabia in 1932, Muslim law was the basis of the country's legal system, although it interacted with local traditions and customs. The extension of the power of the Ottoman Empire to some areas of Saudi Arabia was accompanied by the introduction of a part of the Ottoman legislation, which persisted for a number of years after the formation of the Kingdom. Some of the acts adopted before 1932 are still in force in Saudi Arabia (for example, the Commercial Court Act of 1930, which acts as a commercial code).
At present, the legal system of the country continues to be fully oriented towards Muslim law, which is enshrined in the Basic Nizam on Power, according to which the Koran and the Sunnah are the supreme law of the country, and the power draws its authority from these sources, standing above all legal acts adopted in the country. Based on this principle, three main elements of the Saudi Arabian legal system can be distinguished. The first is represented by Islamic law proper, which remains generally uncodified and operates in the traditional form of doctrine. Moreover, if before the formation of the Kingdom, Saudi courts were ordered to apply the Hanbali doctrine (rejects analogy as a source of law), then at present they are not bound by any particular sense. The second element of the legal system is legislation that directly enshrines Islamic legal norms (for example, on zakat, waqfs, or the office of complaints). Finally, the third element is legal acts dealing with issues that traditional Muslim law did not regulate. Such acts are considered as a form of solving procedural and organizational issues necessary for the operation of Islamic law. The official concept of law-making adopted in the country proceeds from the fact that the only legislator is Allah, whose will is expressed in Sharia (Quran and Sunnah), and the state performs rule-making functions only within its framework. Therefore, the legal acts in force in the country are called nizams, i.e. regulations, and the bodies adopting them are regarded as the regulatory authority.
The action of all nizams is made dependent on their non-contradiction to Muslim law. The same principle can be traced in the approach to human rights and freedoms. Thus, according to the Basic Nizam on Power, the state protects human rights and freedoms in accordance with the Islamic Sharia, and Saudi society is built on the basis of strict adherence of all its members to the will of Allah, on their mutual cooperation in the creation of goodness and piety, their close solidarity and the prevention of a split between them as prescribed by the Quran. Among the fundamental rights guaranteed by the Basic Nizam on power, there are no such fundamental rights as freedom of religion, expression, assembly, political participation.
In Saudi Arabia, there is a structure designed to monitor the strict observance of the norms of Islamic law by both state bodies and citizens. For example, it includes the Council of the largest ulema, headed by the Mufti General of Saudi Arabia, as well as the Committee for the Control of Compliance with Shariah Precepts. The council of the largest ulema consists of 20 ulema - the highest religious theorists, especially revered experts on the Koran. This body is authorized to officially interpret Islamic law, in fact creating new legal norms.
The fundamental dependence of the legal system of Saudi Arabia on Islamic law does not prevent the borrowing of Western-style legislation, primarily in the field of business, finance, banking, invention and copyright law. In a number of areas (for example, intellectual property, international commercial arbitration), Saudi Arabia has fully adopted the norms of international conventions and the laws of Western countries.

Civil and related
branches of law

In the field of civil law, the central role belongs to Islamic law and nizams that do not contradict the provisions of Sharia.
Islamic law very strictly protects the right of private property, establishes the principle of the sanctity of the concluded contract. At the same time, it prohibits the charging of interest on money loans. This prohibition, however, is circumvented in practice (for example, by presenting income-generating property to the creditor). Compensation for personal injury is based on the general principle of "blood ransom".
On matters of personal status, the uncodified provisions of the Muslim legal doctrine continue to be applied, fixing polygamy, the dominant role of the husband in marriage and family relations.
In the commercial sphere, a number of nizams have been adopted and are operating, using foreign experience, taking into account the fundamental principles of Islamic law. Thus, the Nizam of the Commercial Court of 1930 operates, essentially a commercial code, the basis of which is the Ottoman Commercial Code of 1850, which in turn is based on the French Commercial Code. The only significant difference between the Saudi Nizam and the Ottoman code is the prohibition of charging interest on loans. In addition, Nizams on companies and commercial papers operate in the field of commercial law. Bill legislation is based on the Geneva Uniform Bill Law. In 1996, he was accepted by the lower classes on bankruptcy. Intellectual property relations are regulated by the laws on patents, copyrights, and trademarks. In 1994, the kingdom joined the Universal Copyright Convention.
The Nizam on Foreign Investment was adopted in 1978. Foreign and local entrepreneurs have the right to freely establish private enterprises and engage in any economic activity that is not prohibited or subject to special permission. National treatment does not apply to foreign investors in a number of areas of activity (catering, electricity generation, trade, transport and enterprises related to national security). Non-Saudis are not allowed to purchase property in Saudi Arabia, except in extremely rare cases. In general, the Saudi government encourages foreign investment, especially joint ventures. The Saudi partner must have at least 25% of the capital in such enterprises.
With the development of foreign economic relations in Saudi Arabia, modern forms of economic life are gradually emerging. In 1985, the kingdom launched its own stock market. Since 1997, foreigners have been allowed to enter it.
Saudi labor law prohibits trade unions, strikes and collective agreements. The Nizam on Labor and Workers of 1969 (in fact, the labor code) in Article 48 proclaims the right to work only for men. However, in general, the working conditions provided for by law are quite favorable for workers (forced labor is prohibited, overtime work is paid at an increased rate). The minimum age for employment is 14 years. Saudi Arabia has not acceded to the ILO Labor Rights Convention.
Like other branches of law, labor law is based on Sharia law. For example, in the case of injury to a worker at work, the court sets the amount of compensation in the form of an appropriate share of the amount of the ransom for blood.
State administration in the field of labor relations is carried out by the Ministry of Labor and Social Affairs. One of the main areas of labor policy is to prioritize the employment of indigenous Saudis, who account for only 1/4 of the entire labor force in the country.

Criminal law and process

Criminal law in Saudi Arabia remains generally uncodified and is applied predominantly in the form of traditional Muslim legal doctrine. Along with it, there are also regulations adopted by state bodies.
Muslim jurists have developed a classification of offenses based on two main criteria: the degree of certainty of punishment for a particular offense and the nature of violated interests and rights. With this in mind, all offenses are divided into 3 groups. The first includes crimes that pose the greatest public danger, encroach on the "rights of Allah" (ie the interests of the entire Muslim community) and are punished by a precisely defined sanction - hadd (plural hudud). The second unites crimes that also carry a fixed punishment (qisas) but violate the rights of individuals. Finally, the third group consists of all other offenses - tazir, which are not punished by a rigidly established sanction and affect both the "rights of Allah" (they include violations of all religious duties) and private interests.
The hadd category includes such crimes as adultery, drinking, theft, robbery, unproven adultery, apostasy and rebellion. The crimes of qisas (retribution) category are murder and bodily harm of an irreversible nature. All other offenses are classified as tazir. It is believed that the state has the right to impose sanctions for these offenses at its own discretion. This opens up the possibility of adopting modern legislation that does not affect the first two categories of crimes.
Based on this approach, Saudi Arabia has adopted a number of nizams, which are considered as acts fixing the punishment of tazir for those crimes for which the Sharia provides for precise unchanging measures of responsibility. Such nizams include acts on liability for homosexuality, forgery of documents, counterfeiting, commercial abuse and fraud, and bribery. In accordance with the principles of Islamic law, particularly strict liability is established for speaking out against the head of state. In 1961, an act came into force in the country punishing an attempt on the life of the King and members of his family by death or imprisonment for up to 25 years. These nizams, together with the applicable provisions of the Sharia for crimes of the categories of hadd and qisas, implement the norms of the Basic Nizam on power, according to which the punishment is personal in nature, and the crime and punishment are determined only on the basis of Islamic Sharia and the prescriptions of the nizams.
Sharia-based criminal law in Saudi Arabia also applies to non-Muslims, including foreigners (there are many cases of punishment of foreigners for crimes of the category hadd and qisas).
The system of punishments in the criminal law of Saudi Arabia includes, in particular, the death penalty and corporal punishment.
The death penalty in Saudi Arabia is applied quite widely for a number of crimes of the hadd category (robbery, extramarital sexual relations, apostasy, rebellion), premeditated murder (crime of the qisas category), as well as for certain crimes of the tazir category (for example, possession, distribution and manufacture of drugs) . Sentences are executed publicly by beheading with a sword or stoning (for extramarital sex). The death penalty for intentional murder is applied at the request of the victim's relatives, who can replace this punishment with a "blood ransom" (diya). Only men, the heirs of the deceased, have the right to such a choice. In 1934, the amount of the full "blood ransom" in the case of premeditated murder was set at 1,000 rials, while at present it is 45,000 rials. For bodily injuries of varying severity, payment to the victim of a certain part of this amount is provided. This principle is also enshrined in the labor and transport legislation of Saudi Arabia.
Corporal punishment is applied for some hadd crimes (for example, the use of alcohol or drugs is punishable by 80 lashes), as well as for a number of tazir crimes in accordance with the provisions of the relevant nizams.
In addition to the usual (painful), self-mutilating punishments are also applied. Thus, the theft that meets all the criteria established by the Muslim legal doctrine is punished by cutting off the hand. In 1960-1980. such a measure was used quite rarely, but in the 1990s. cases of amputation of the hand became more frequent.
The criminal process in Saudi Arabia is generally based on the norms of Islamic law, enshrined by the Nizams. Following Sharia, these acts do not make a clear distinction between criminal and civil proceedings. It is on this principle that the nizam on the court of 1975, the nizam on the Sharia process of 1989 and some other acts are built, which establish a number of principles that coincide with the generally recognized democratic foundations of legal proceedings (the formal equality of all before the law and the presumption of innocence, placing the burden of proof on the plaintiff ). However, a characteristic feature of the rules of criminal procedure applied in Saudi Arabia is the preservation of a system of formal evidence and private prosecution for a number of serious crimes (for example, murder). As evidence, priority is given to the testimonies and the confession of the accused.
The accusation (claim) must be supported by two male witnesses, preferably Muslims, or one male and two females. Sharia formulates especially strict requirements for proving extramarital sexual intercourse - the testimony of four male witnesses is required. Guilt in such a crime can be proved by the confession of the accused.
In cases of proven crimes of the hadd category, pardon is not possible. However, since the confession of the accused is sufficient even in the absence of witnesses and other evidence, the refusal of a confession at any stage of the trial may lead to the abandonment of the hadd punishment.
Cases of crimes for which the death penalty, stoning, or amputation of an arm or leg are allowed as a sanction are tried at first instance by the general courts. Sentences in such cases are delivered by three judges and can be appealed to the Court of Appeal, which hears the appeal by five judges. The Court of Appeal has the right to approve the verdict or demand that the general court review it. The final death sentence is submitted to the Supreme Judicial Council for approval and comes into force after the issuance of the relevant royal decree.

Judicial system. Control bodies

in Saudi Arabia until the mid-1970s. The Muslim court system had three levels. The lower courts were the courts of summary jurisdiction, in each of which one qadi considered minor property disputes, matters of personal status and minor offenses. There were two Courts of Appeal whose jurisdiction included hearing appeals against decisions of lower courts, as well as real estate disputes and serious criminal cases. Each of the courts of appeal was appointed with three members, but most of the cases were heard by one judge (the full court heard only cases related to the murder). The decisions of these courts in the most serious cases were approved by the Supreme Judicial Council, which played the role of the supreme court of appeal.
At present, Saudi Arabia has a slightly different judicial system introduced by the Nizam on the courts of 1975. It includes courts of first instance of one qadi, deciding marriage and family cases and minor civil disputes; the so-called general courts, which consider criminal offenses as part of three qadis; the Court of Appeal, which has chambers for criminal, marriage and family and other matters, as well as the Supreme Judicial Council, which controls all Muslim courts and performs the functions of the highest appellate instance in the most serious criminal cases. The Supreme Judicial Council consists of 11 members selected from leading ulema. Judges are appointed by the King from among persons with higher religious and legal education.
The judiciary also includes the Office of Complaints, which acts as an administrative court, and also considers any disputes in which the state is one of the parties. The country also has specialized courts - commercial and labor disputes.
The entire system of justice bodies is headed by the Ministry of Justice (established in 1970) and the Supreme Judicial Council.

Literature

Amin S. H. Middle East Legal Systems. Glasgow, 1985, pp. 305-327.
Ballantyne W. M. Legal Development in Arabia. L., 1980.
Lerrick A. and Mian J. Saudi Business and Labor Law. L., 1982.

Recently, the situation around Saudi Arabia has been rather nervous. Firstly, the kingdom was involved in a series of conflicts on its periphery (in Syrian, Iraqi, Qatari, Yemeni), and Riyadh was losing in these conflicts.

Secondly, the positions of the heir to the Saudi monarchy, Crown Prince Mohammed bin Salman (who was appointed heir by the strong-willed decision of the king and contrary to the opinion of the majority of members of the ruling family) were seen as extremely fragile. “In recent months, Crown Prince Mohammed has disappeared from the news feeds more than once, and sometimes even from a key figure in the kingdom there was no news for several days. All this was superimposed on the incessant rumors that the seriously ill King Salman was about to leave for another world or abdicate in favor of his son," Arabist Leonid Isaev explains to RIA Novosti.

However, in reality, for Crown Prince Mohammed, the situation was not so bad. Yes, everything is muffled and sad in the Yemeni direction (attempts to destroy the anti-Saudi coalition of the Houthis and former President Saleh have not yet led to success, and at the same time, representatives of this coalition are shelling the territory of Saudi Arabia with missiles created with the help of the Iranians), and in Syria, the Saudis actually signed in surrender. However, progress has been made in Qatari and (especially) Iraqi.

Insolence of Qatar

Experts have repeatedly noted that the Qatari adventure of Crown Prince Mohammed (the meaning of which was to publicly flog recalcitrant Qatar so that other allies did not deviate from the line of conduct set by the Saudis) had a chance of success only in the event of a blitzkrieg, if Qatar could be quickly intimidated and subdue. However, Emir Tamim not only withstood the initial pressure, but even launched a counteroffensive. So, "to stimulate the development of tourism and air transport," Qatar allowed visa-free entry into the country for citizens of almost 80 countries. And since the Cooperation Council for the Arab States of the Gulf has an agreement on a joint visa barrier for the actions of third countries, the process of returning Qatar to this organization (let us recall, de facto controlled by the Saudis and the UAE) will be, to put it mildly, very difficult.

The impudence of Qatar is explained very simply. "The situation is deadlocked, but it does more harm to Saudi Arabia as a country less interested in disintegration tendencies on the peninsula," explains Leonid Isaev. The reputation of the Saudi kingdom and its integration projects were under threat, and in this situation, Prince Mohammed made constructive concessions. First of all, in those issues where confrontation caused his image losses to the maximum.

So, the Saudis (or rather, Crown Prince Mohammed) lifted the ban on the Qatari pilgrims from making the Hajj to Mecca. "All the restrictions associated with the Hajj are damaging the king's reputation as the Keeper of the two shrines. It turns out that he is engaged in segregation based on nationality, and Islam as a religion does not know nationalities," explains Leonid Isaev.

In fact, Prince Mohammed has taken the first step towards normalizing the situation, and now the question is how he will be perceived in Qatar. Doha, realizing the weakness of Riyadh's position, may start bargaining from the positions of the winner and even put up a price for the blockade. In Riyadh, of course, such a position is unlikely to be accepted - it is important for Prince Mohammed not only to restore relations, or at least return to the status quo, but also to do it with his head held high. However, mediators can already intervene here and lower the presumptuous emirate to the ground a little. For example, the United States can act as mediators, and it is absolutely out of their hands to watch the collapse of the "water" coalition now.

As-Sadr's turn

As for Iraq, Saudi Arabia seems to have finally succeeded in pushing back the all-powerful Iran. And all because Riyadh turned to the right people.

The Kingdom has long been trying to strengthen its position in Iraq. "The Saudis are actively working in Iraqi Kurdistan and have never hidden the fact that they are giving money to Baghdad to counter IS*," Anton Mardasov, an expert on the Middle East and RIAC expert, explains to RIA Novosti. Back in June, Prime Minister Haider al-Abadi visited Riyadh, where he met with King Salman and agreed with him to establish a special Iraqi-Saudi council designed to improve relations between the two countries to the level of a strategic partnership. As part of the new partnership, according to Abdul-Aziz al-Shammari (Saudi charge d'affaires at the embassy in Baghdad), the kingdom intends to open the Arar border crossing for the first time in 27 years to transport goods into Iraqi territory. However, a real breakthrough in the Iraqi policy of Riyadh was the visit to the capital of the kingdom of Muqtada al-Sadr, one of the most influential Shiite leaders in Iraq.

As the Middle East Institute notes, "in Riyadh, they are aware that among the Shiite community there are different views on the development of relations with Iran. Pro-Iranian sentiments are especially common among the Shiites of large cities, in particular Baghdad. At the same time, Iranian supporters tend "They belong to the middle class or the Iraqi bourgeoisie. At the same time, the tribes of southern Iraq have a different attitude. They are more prone to the idea of Arab nationalism and still remember the Iran-Iraq war of 1980-1988, in which many Iraqis died." And al-Sadr, despite all his close relations with Iran, represents precisely this part of the population. As the Middle East Institute again notes, "Over the past two years, Muqtada al-Sadr has changed his policy dramatically. Currently, he positions himself as an Iraqi nationalist, not a Shiite leader."

Betting on Shiites

Yes, some experts are skeptical about the entourage of the visit. "He was too public, so a stream of criticism immediately arose against al-Sadr," says Leonid Isaev. However, "the very fact that al-Sadr met with Mohammed bin Salman (who is in charge of the domestic political, foreign and economic policy of the kingdom), the appearance of their joint photographs caused a sensation in the Arab world," says Anton Mardasov.

The question, however, is not in the entourage, but in the agreements reached at this event. According to official data, at a meeting with Muqtada al-Sadr, the crown prince promised not to interfere in the internal affairs of Iraq, to give $10 million for the country's economic reconstruction and to consider various investment projects in the southern (that is, Shiite) regions of Iraq. According to unofficial data, it could have been financial support for al-Sadr and his political ambitions. "Now Iraq is preparing for the provincial and parliamentary elections, which will be held in 2018. Sadrists claim serious results, and if they take a position on limiting Iranian influence, they can receive a number of bonuses - and not only from the Saudis. Let me remind you that al-Sadr visited and Abu Dhabi," explains Anton Mardasov.

In all past elections in Iraq, the Saudis have bet on Sunni groups and all past times have been left without electoral prizes. If now they bet on al-Sadr and he really takes care of limiting Iranian influence in southern Iraq, succeeds in this, then Saudi Arabia can immediately win back both for the defeat in Syria and for the expected defeat in Yemen. And Prince Mohammed will sharply strengthen his prospects for holding the throne after his father's death. Of course, the chances of implementing such a strategy are by no means 100%, but they are much higher than the Qatari adventure of Prince Mohammed. It means that he is still growing and working on himself.