Saudi Arabia
The Kingdom of Saudi Arabia is an Islamic state governed by an absolute monarchy in tandem with a powerful religious elite. Laws, society, and politics are based on tribal traditions, religion, and the Wahhabi interpretation of Sharia.1The Federal Government’s Second Report on the Global Status of Freedom of Religion (auswaertiges-amt.de)
The population is estimated at 34.2 million. Estimates from 2019 indicated that approximately 38% of the population are foreigners. Between 85 and 90% of the approximately 21 million Saudi citizens are Sunni Muslims, and Shia constitute 10-12%.2Saudi Arabia – United States Department of State
In 2017, the Crown Prince pledged some liberalizing reforms.3The Federal Government’s Second Report on the Global Status of Freedom of Religion (auswaertiges-amt.de) The Saudi government has claimed to be making improvements in terms of respecting the civil liberties and human rights of its citizens. However, most improvements have been minimal, and a highly restrictive regime persists. Many human rights campaigners and prisoners of conscience remain imprisoned years later, with sporadic fresh crackdowns on those considered dissidents or troublemakers, including peaceful protesters and activists for political reform and freedom of expression. Most forms of public religious expression must be consistent with the government’s particular brand of Sunni Islam.
Saudi Arabia is routinely criticized by human rights organizations for the poor treatment of migrant workers, massive religious and political suppression of freedom of thought, expression, and association, and especially women’s rights, as well as maintaining an unfair and unpredictable justice system that is often utilized to punitively suppress human rights advocacy and to crush any sign of political dissent.4Humanists International joins 40 NGOs urging UN to hold Saudi Arabia to account
As a rule, Saudi Arabia ratified UN Conventions with reservations making their application contingent on Sharia law. Saudi Arabia has not acceded to the International Covenant on Civil and Political Rights (ICCPR).5https://indicators.ohchr.org/
Saudi Arabia is a member of the League of Arab States (LAS), the Organization of Islamic Cooperation (OIC), and the Gulf Cooperation Council (GCC).
| Constitution and government | Education and children’s rights | Family, community, society, religious courts and tribunals | Freedom of expression advocacy of humanist values |
|---|---|---|---|
Constitution and government
The monarchy of the house of Al Saud holds supreme political authority, existing by formal arrangement in tandem with a highly influential clerical bloc (the Ulema) lead by the house of Al-Sheikh.6Page 16, A History of Saudi Arabia – Madawi al-Rasheed – Google Books This monarchical-religious symbiosis was forged under an oath sworn by both families dating back to 1744, to this day considered the founding basis of the “pact” between both houses.7Page 16, A History of Saudi Arabia – Madawi al-Rasheed – Google Books Wahhabism branch of Sunni Islam has traditionally been the de facto state religion of Saudi Arabia.
Saudi Arabia’s absolute monarchy restricts almost all political rights and civil liberties. No officials at the national level are elected; the monarchy uses public spending supported by oil revenues to maintain power.8Saudi Arabia: Freedom in the World 2021 Country Report | Freedom House
Saudi leadership has been signalling a future where the monarchy will have more influence and Wahhabism is not a state religion. The crown prince Mohammed bin-Salman suggested In April 2018 that Saudi Arabia’s past—and especially its future—should be understood in more national and religiously pluralistic terms than the established view of a state-religion symbiosis with the Wahhabi ideology. 9Saudi Arabia’s Religious Reforms Are Touching Nothing but Changing Everything – Islamic Institutions in Arab States: Mapping the Dynamics of Control, Co-option, and Contention – Carnegie Endowment for International Peace
Constitutional and legal framework
The king appoints the 150 members of the Majlis al-Shura (Consultative Council), who serve in an advisory capacity and wield no legislative authority, for four-year terms.10https://freedomhouse.org/country/saudi-arabia/freedom-world/2021
According to Article 1 of the Basic Law of Saudi Arabia11Basic Law of Governance | The Embassy of The Kingdom of Saudi Arabia (saudiembassy.net) (its equivalent to a constitution),
“The Kingdom of Saudi Arabia is a sovereign Arab Islamic state with Islam as its religion; God’s Book and the Sunnah of His Prophet (God’s prayers and peace be upon him) are its constitution.”
The Basic Law contains no legal recognition or protection of freedom of religion or belief. Freedom of religion or belief is extremely oppressed in Saudi Arabia.12The Federal Government’s Second Report on the Global Status of Freedom of Religion (auswaertiges-amt.de) Article 23 of the Basic Law states that:
“the state shall protect the Islamic Creed and shall cater to the application of Sharia. The State shall enjoin good and forbid evil, and shall undertake the duties of the call to Islam.”
The public practice of other religions is not permitted; the Grand Mufti, head of the Council of Senior Scholars (CSS) affirmed multiple times that Christian churches are not permitted on the Arabian Peninsula. Rumours that this might change following official visits to Saudi Arabia by Church representatives (starting in 2018) provoked fierce unfavourable public response on social media.13Page 250, The Federal Government’s Second Report on the Global Status of Freedom of Religion (auswaertiges-amt.de); Inside the US Evangelical Mission to Get a Church in Saudi Arabia (insider.com)
The government prohibits public practice of any non-Islamic religion. Non-Muslims and Muslims whose religious practices differed from the Islam promoted by the government could only practice in private and are vulnerable to detention, discrimination, harassment, and, for non-citizens, deportation.14Saudi Arabia – United States Department of State
Religious authority
The Basic Law recognizes the Council of Senior Scholars (CSS), supported by the Permanent Committee for Scholarly Research and Religious Rulings, as the supreme authority on religious matters.
The CSS is headed by the Grand Mufti and is composed of Sunni religious scholars and jurists. Scholars are chosen at the King’s discretion and serve renewable four-year terms, with many serving for life.15Saudi Arabia – United States Department of State
Judicial and legal system
The country’s laws are based on Sharia law.
A significant part of Saudi Arabia’s law remains uncodified and unpublished.16 Par 4, a_hrc_wg.6_31_sau_3_e.pdf (upr-info.org) Owing to the lack of a comprehensive written penal code, punishment is subject to considerable judicial discretion.17Saudi Arabia – United States Department of State This has for decades resulted in discrepancies in court rulings and prolonged litigation, hurting many Saudis, mostly women.18Saudi Arabia announces new judicial reforms in a move towards codified law | Reuters
The ruler according to this framework creates legislation on non-religious matters in alignment with Sharia. Jurisprudence relating to commercial and financial matters, and criminal law related to electronic and cybercrimes or terrorism, is increasingly is based on international models.19 Saudi Arabia – United States Department of State; تفاصيل النظام (boe.gov.sa)
Law on religious matters, which often affects civil law, particularly on personal status issues, is developed by fatwas (official interpretations of religious law) issued by the 21-person CSS.20Saudi Arabia – United States Department of State
Article 48 of the Basic Law states:
“The Courts shall apply rules of the Islamic Sharia in cases that are brought before them, according to the Holy Qur’an and the Sunna, and according to laws which are decreed by the ruler in agreement with the Holy Qur’an and the Sunna.”
Judges are religiously trained and often have specialized knowledge of nonreligious legal subjects.21Saudi Arabia – United States Department of State According to Article 46 of the Basic Law: “decisions of judges shall not be subject to any authority other than the authority of the Islamic sharia.” Judges have significant discretion in how they interpret Sharia and do not have to publish an explanation of their judgments.22Saudi Arabia: Freedom in the World 2021 Country Report | Freedom House
In the absence of a common law system and comprehensive criminal code, rulings and sentences diverge widely. Human rights NGOs and legal experts continued to criticize antiterrorism laws for using overly broad and vague language, making them susceptible to politicization and other abuse.23Saudi Arabia – United States Department of State
In legal cases involving accidental death or injury, compensation sometimes differs according to the religious affiliation of the victim. Courts may rule non-Muslims to receive 50% of the compensation that a Muslim male would. In some circumstances, other non-Muslims may only receive one-sixteenth the amount a male Muslim would receive.24Saudi Arabia – United States Department of State
Observers stated that judges sometimes discounted the testimony of Muslims whom they deemed deficient in their knowledge of Islam and favored the testimony of Muslims over the testimony of non-Muslims. Under their interpretation of Sharia and the Quran, judges may place the value of a woman’s testimony at half that of a man’s in certain cases, such as financial disputes or criminal charges.25Saudi Arabia – United States Department of State
Corporal and capital punishment
Hudud (corporal) and Qisas (capital) sentences based on specific punishments for specific offences according to Islamic jurisprudence. Ta’zir sentences are given when no specific punishment for the specific offence is outlined in Sharia, such cases allow judges to decide on the form of punishments for crimes.
In April 2020, the Supreme Court instructed courts to end the ta’zir (discretionary) use of flogging and only apply it when mandated by sharia in cases such as intoxication, sexual conduct between unmarried persons, and false accusations of adultery. As a result of this decision, flogging may no longer be used against those convicted of public immodesty, sitting alone with a person of the opposite sex, and a range of other crimes.26Saudi Arabia – United States Department of State
In April 2020, a royal decree abolished death penalty sentences handed out according to the judges discretion (ta’zir) for those who committed crimes as minors. Minor offenders convicted of crimes that are specified in Islamic law will still receive the death sentence as a qisas judgment (death mandated by sharia). The royal decree also capped prison sentences for minors at 10 years.27Killing in the Name of God: State-sanctioned Violations of Religious Freedom (monash.edu); Saudi Arabia – United States Department of State
“Sports washing”
The Saudi government has been investing billions of dollars hosting major sporting and cultural events.282019: Saudi Arabia’s year of sportswashing | Middle East Eye; ‘Fashion-washing’: How Saudi Arabia is using couture to improve its reputation | Middle East Eye Human rights groups criticize the ruling family for attempting to improve its image by shifting attention away from human rights violations. The Kingdom is investing in a façade of “liberalization” that is almost exclusively limited to the culture and entertainment industry. The government hosts Formula 1 races, film festivals, music festivals, fashion events and more.29Saudi Arabia launches its 1st international film festival (aa.com.tr); Soundstorm: Why are DJs flocking to play in Saudi Arabia’s music festival? | Middle East Eye; ‘Fashion-washing’: How Saudi Arabia is using couture to improve its reputation | Middle East Eye These events and festivals are sanctioned by the General Entertainment Authority (GEA) that is headed by members of the royal family. The GEA has received criticism from a portion of the population in relation to breaching the sanctity of the Saudi nation and erasing its identity. Islami scholars opposed to the so-called “liberalization” are often side-lined or jailed.30 Saudi scholar ‘held’ after criticising entertainment authority | News | Al Jazeera
Education and children’s rights
Educational reform
The education system is undergoing reform to remove ideological individuals or content. Changes are affecting both religious and non-religious topics. Some restrictions on female students’ dress code have also been lifted.31Saudi Arabia’s Religious Reforms Are Touching Nothing but Changing Everything – Islamic Institutions in Arab States: Mapping the Dynamics of Control, Co-option, and Contention – Carnegie Endowment for International Peace
While some subjects such as philosophy, the arts, and women’s studies used to be prohibited altogether, the state now permits them, but exerts great influence over how they are covered. History is being rewritten in school books to minimize the presence and role of the founder of Wahhabism.32Saudi Arabia’s Religious Reforms Are Touching Nothing but Changing Everything – Islamic Institutions in Arab States: Mapping the Dynamics of Control, Co-option, and Contention – Carnegie Endowment for International Peace
Religious instruction
Public school students at all levels receive mandatory religious instruction based on Sunni Islam according to the Hanbali school of jurisprudence. Private schools are not permitted to deviate from the official, government-approved religious curriculum. Private international schools are required to teach Saudi students and Muslim students of other nationalities an Islamic studies course, while non-Muslim, non-Saudi students sometimes receive a course on Islamic civilization or alternative coursework in place of the curriculum designed for Saudi students; courses entail one hour of instruction per week. Private international schools may also teach courses on other religions or civilizations.33Saudi Arabia – United States Department of State
Intolerance and extremism in the curriculum
The Saudi curriculum has for long remained in breach of standards of peace and tolerance in education, promoting a black and white view of the world where there is one true religion.34A-Further-Step-Forward-Review-of-Changes-and-Remaining-Problematic-Content-in-Saudi-Textbooks-2021–22.pdf (impact-se.org)
The government reportedly continues a multi-year project, begun in 2007, to revise textbooks, curricula, and teaching methods with the stated aim of removing content disparaging religions other than Islam.35Saudi Arabia – United States Department of State
A February 2020 report by IMPACT-se found significant steps towards modernization and deradicalization of the curriculum. The 2021 IMPACT-se review found that 22 anti-Christian and anti-Semitic lessons and five lessons about infidels and polytheists had either been removed or altered.36Page4, A-Further-Step-Forward-Review-of-Changes-and-Remaining-Problematic-Content-in-Saudi-Textbooks-2021–22.pdf (impact-se.org) However, the study found that textbooks still contained religious texts and interpretations that evoke hostility towards non-Muslims, portrayed to deliberately insist on “infidelity and disbelief.”37Item 36, A-Further-Step-Forward-Review-of-Changes-and-Remaining-Problematic-Content-in-Saudi-Textbooks-2021–22.pdf (impact-se.org) School curriculums and messaging from Wahhabi imam preach that so-called “infidels” lack a moral compass, philosophical knowledge, or any alternative positive worldview. The curriculum also preached highly conservative attitudes toward women and LGBTI+ persons. Religious intolerance, emphasis on jihad and martyrdom remained strong.
The curriculum praises those who sacrifice their lives as martyrs for Allah, namely in battle for the faith.38Item 59, A-Further-Step-Forward-Review-of-Changes-and-Remaining-Problematic-Content-in-Saudi-Textbooks-2021–22.pdf (impact-se.org) Students are taught that martyrs will be forgiven for all their sins.39Item 61, A-Further-Step-Forward-Review-of-Changes-and-Remaining-Problematic-Content-in-Saudi-Textbooks-2021–22.pdf (impact-se.org)
Example of a removed item:
Grade 6, 2019: Violence and murder on behalf of Muhammad were justified and praised. A hadith exemplifies the love of Muhammad, described two of his young companions who killed a man for voicing curse-words at Muhammad.40Item 51, A-Further-Step-Forward-Review-of-Changes-and-Remaining-Problematic-Content-in-Saudi-Textbooks-2021–22.pdf (impact-se.org)
Altered lesson:
Grade 7, 2020: A text teaching that jihad specifically means “fighting the enemies for the protection of religion, land, and worshipers” was removed in 2021. Violent jihad is still presented as the “climax of Islam,” with no discussion of spiritual and peaceful forms of jihad being offered. Students are taught that jihad can only be declared by the Ruler, and that Saudi Arabia’s war against the Houthis in Yemen is a form of jihad, and thus is justified and even encouraged religiously.41 Item 58, A-Further-Step-Forward-Review-of-Changes-and-Remaining-Problematic-Content-in-Saudi-Textbooks-2021–22.pdf (impact-se.org)
The curriculum reinforces patriarchal gender roles, stating that women must obey their male guardians. This structure is presented as integral to successful married life.42Item 66: A-Further-Step-Forward-Review-of-Changes-and-Remaining-Problematic-Content-in-Saudi-Textbooks-2021–22.pdf (impact-se.org) The mother is presented as responsible for domestic roles.43Item 68, A-Further-Step-Forward-Review-of-Changes-and-Remaining-Problematic-Content-in-Saudi-Textbooks-2021–22.pdf (impact-se.org) Some lessons about gender roles are taught and illustrated in textbooks that are only given to girls, including laundry and cleaning duties. Girls are taught the correct posture for cleaning and how to sew.44Item 71, 72, A-Further-Step-Forward-Review-of-Changes-and-Remaining-Problematic-Content-in-Saudi-Textbooks-2021–22.pdf (impact-se.org)
Remaining lessons:
Grades 10–12, 2021: The text makes a distinction between men and women in Islam, although they both have rights and obligations, men are superior to women and are responsible for them.45Item 64, A-Further-Step-Forward-Review-of-Changes-and-Remaining-Problematic-Content-in-Saudi-Textbooks-2021–22.pdf (impact-se.org)
Grades 10–12, 2021: women are not allowed to travel without a male guardian (husband or first degree male relative) Text: man asks the prophet ’What if my wife has gone for pilgrimage while I am enlisted for a battle?’ the prophet replied: ‘Go and join your wife in Hajj.46Item 65, A-Further-Step-Forward-Review-of-Changes-and-Remaining-Problematic-Content-in-Saudi-Textbooks-2021–22.pdf (impact-se.org)
Government universities provide training in all four Sunni schools of jurisprudence, with a focus on the Hanbali school.47Saudi Arabia – United States Department of State
Family, community and society
Religion has been infused in almost all aspects of Saudi public life and state services. The royal family is attempting to change course towards a society that is led by the monarchy instead of the religious establishment. It remains to be seen the level of resistance and resentment that the changes will bring.48Saudi Arabia’s Religious Reforms Are Touching Nothing but Changing Everything – Islamic Institutions in Arab States: Mapping the Dynamics of Control, Co-option, and Contention – Carnegie Endowment for International Peace
Religious law enforcement
Non-citizens carry an identity card containing a religious designation of “Muslim” or “non-Muslim.” Some residency cards indicated other religious designations, such as “Christian.”49Saudi Arabia – United States Department of State
Until 2017, the Commission for the Promotion of Virtue and Prevention of Vice (CPVPV) was entrusted with monitoring social behavior and enforcing public morality.50Saudi Arabia’s Religious Reforms Are Touching Nothing but Changing Everything – Islamic Institutions in Arab States: Mapping the Dynamics of Control, Co-option, and Contention – Carnegie Endowment for International Peace However, public outcry regarding the Commission’s behavior in subjecting individuals to harassment, detention, beatings and lashings led to their powers to be curbed, and their presence on the streets was greatly diminished.51https://www.arabnews.com/node/1076321/saudi-arabia; Saudi Religious Police Return, Just With a Little Less Vengeance – Bloomberg The norms they enforce are loosening greatly in practice: gender segregation, dress restrictions, and store closures are still practiced, but less rigidly enforced.52Saudi Arabia’s Religious Reforms Are Touching Nothing but Changing Everything – Islamic Institutions in Arab States: Mapping the Dynamics of Control, Co-option, and Contention – Carnegie Endowment for International Peace
The Commission today seems to focus far more on the promotion of “virtue” through the distribution of copies of the Quran, holding advertising campaigns in the streets, and convening public talks, for instance, while leaving the definition and prevention of vice to other state bodies and social pressures.53Saudi Arabia’s Religious Reforms Are Touching Nothing but Changing Everything – Islamic Institutions in Arab States: Mapping the Dynamics of Control, Co-option, and Contention – Carnegie Endowment for International Peace
The effective removal of religious policing from Saudi daily life has sparked widespread and broad, though not universal, public support.54Saudi Arabia’s Religious Reforms Are Touching Nothing but Changing Everything – Islamic Institutions in Arab States: Mapping the Dynamics of Control, Co-option, and Contention – Carnegie Endowment for International Peace
Gender segregation in public
From December 2019, businesses were no longer required to segregate customers. By law and custom, establishments were divided into all-male “singles” sections and “family” sections for women and mixed family groups. Men not part of a family group entered through separate doors and paid in separate lines; women sometimes ate behind partitions to ensure privacy from male strangers. Some conservative sections of Saudi society still wished to see the continuation of gender segregation in restaurants.55Tearing down the wall: Saudi restaurants adjust to the abolition of gender segregation | Arab News; Saudi Society Is Changing. Just Take a Look at These Coffeehouses. – The New York Times (nytimes.com)
Religious control over family law or legislation on moral matters
Women face legal discrimination in inheritance, with daughters receiving half the inheritance awarded to sons.56Saudi Arabia: Freedom in the World 2021 Country Report | Freedom House
Citizens require the Interior Ministry’s permission to marry non-citizens, and men are barred from marrying women from certain countries. All sexual activity outside of marriage is criminalized, and the death penalty can be applied in certain circumstances.57Saudi Arabia: Freedom in the World 2021 Country Report | Freedom House
Muslim women may not marry non-Muslims. Women face legal disadvantages in divorce and custody proceedings, and cannot marry without a male guardian’s permission. Under reforms announced in August 2019, women can register children’s births and oversee children’s travel.58Saudi Arabia: Freedom in the World 2021 Country Report | Freedom House In addition, the government prohibits parents from giving their children any of 50 listed names deemed blasphemous, non-Arabic, or non-Islamic.59Saudi Arabia – United States Department of State
Discrimination against women
Education and economic rights for Saudi women have improved, but women are still subject to extensive legal and societal discrimination, most notably through the guardianship system, in which women must rely on a close male relative to approve many basic activities. Although legal reforms have recently reduced the scope of the guardianship system, it remains deeply entrenched in societal practices and customs, and an individual woman’s degree of freedom depends to a large extent on the attitudes of her family.60Saudi Arabia: Freedom in the World 2021 Country Report | Freedom House
In 2020, the Ministry of Islamic Affairs (MOIA) referred to the Public Prosecutor’s Office a number of women preachers who delivered religious sermons and lectures without prior permits from the MOIA, which constituted a violation of the law.61Saudi Arabia – United States Department of State
Gender segregation restricts freedom of movement for both men and women, but male guardianship and other factors have historically imposed especially onerous constraints on women. The long-standing ban on women driving was lifted in 2018. In August 2019, women over the age of 21 were allowed to apply for a passport without a male guardian’s permission.62Saudi Arabia: Freedom in the World 2021 Country Report | Freedom House
A 2013 law broadly defined and criminalized domestic abuse, prescribing fines and up to a year in prison for perpetrators.
Enforcement remains problematic, with some officials prioritizing privacy and family integrity over safety and justice for victims. Prosecutions are extremely rare. Women’s practical ability to leave abusive relationships is severely limited, this is partly due to divorce being controlled unilaterally by the husband (or a judge) and religious obligations women have toward their husbands.
While women are no longer legally required to live with their husbands under the August 2019 reforms, social taboos and other obstacles often deter women from leaving their family home; there are a limited number of shelters for women escaping abuse, but women are not allowed to leave them without their guardians’ permission.63Saudi Arabia: Freedom in the World 2021 Country Report | Freedom House
In January 2021, a 26-year-old Saudi woman identified as Qamar was killed by her brothers, allegedly after discovering she had opened a public Snapchat account; honor crimes such as this are not punished adequately and thrive in a culture built on male guardianship. When Qamar’s sister, identified in reporting as Manal, attempted to start an online campaign to bring her brothers to justice, police in Al-Kharj Governorate temporarily detained her for “publicizing the murder” on social media. In a video posted online later that month, the sisters’ mother appealed for Mohammed bin Salman to intervene. It is unclear whether the brothers were charged with her murder.64Saudi Arabia: Freedom on the Net 2021 Country Report | Freedom House
LGBTI+ rights
Individuals perceived as homosexuals or activists defending LGBTI+ rights may face charges such as violating public morality, promoting homosexuality and imitating women.65Everything you need to know about human rights in Saudi Arabia 2020 – Amnesty International Amnesty International
Consensual same-sex sexual conduct is punishable by death or flogging. It is also illegal for men “to behave like women” or to wear women’s clothes, and vice versa.66Saudi Arabia – United States Department of State
Reports show that the government uses forced anal exams, an internationally discredited practice used to seek “proof” of homosexual conduct.67Saudi Arabia – United States Department of State No domestic NGO openly advocates for LGBTI+ rights or issues, and there has been no LGBTI+ rights advocacy events of any kind.68Saudi Arabia: Freedom in the World 2021 Country Report | Freedom House; Saudi Arabia – United States Department of State
As a result of the above, there are reports of official and societal discrimination, physical violence, and harassment based on sexual orientation or gender identity in employment, housing, access to education, and health care.69Saudi Arabia – United States Department of State
Saudi clerics condemn homosexuality during government-approved Friday sermons, most notably at the Grand Mosque in Mecca. While local newspapers feature opinion pieces condemning and calling on authorities to punish harshly individuals engaging in same-sex relations.70Saudi Arabia – United States Department of State
In December 2021, Saudi Arabia’s UN Ambassador rejected a United Nations’ draft resolution on democracy that included mention of ‘sexual orientation and gender identity’, stressing that the terminology contradicts the kingdom’s history and values.71 Saudi Arabia rejects UN resolution on gender identity, sexual orientation – Middle East Monitor
The Mufti commented on the issue in a statement carried by the official Saudi Press Agency, asserting:72Saudi Arabia’s top religious body declares homosexuality ‘one of the most heinous crimes’ | Daily Mail Online, مفتي السعودية يعلق على “المثلية”.. ويؤكد موقف المملكة من “الميول الجنسية” | الحرة (alhurra.com)
“homosexuality is one of the most heinous crimes,” “disgrace and shameful in this world and the hereafter,” adding: “Human rights… are first and foremost within God’s law and not in the perverted desires that sow corruption on Earth.”
Other senior officials made homophobic statements on state television channels, calling for intolerance toward gender and sexual orientation issues as taught by “all heavenly religion”, and urging parents to beware of their children being “lured”.73 السعودية.. ردود الفعل تتواصل على بيان المفتي بشأن المثلية الجنسية (alhurra.com)
Freedom of expression, advocacy of humanist values
Blasphemy and apostasy
Criticism of Islam, including expression deemed offensive to Muslims, is forbidden on the grounds of preserving social stability.74Saudi Arabia – United States Department of State “Blasphemy” is conceived as a deviation from Sunni Islam and thus may also be treated as “apostasy”. Apostasy is criminalized and mandates a death penalty. The criminal accusation of “apostasy” is sometimes deployed against people (including writers, activists, artists, or lawyers) who show any serious sign of pushing at the outer boundaries of freedom of expression, or who are critical of the religious authorities, and whose views (rightly or wrongly) are termed “atheist” or as “insulting to religion”. These laws are actively utilized (see Highlighted cases, below).
Although apostasy or blasphemy against Islam is legally punishable by death, courts have not sentenced individuals to death for blasphemy in recent years.75Saudi Arabia – United States Department of State Punishments for blasphemy may otherwise include lengthy prison sentences or lashes.76Saudi Arabia: Yemeni Man Sentenced for Apostasy | Human Rights Watch (hrw.org); Raif Badawi: 9 years in a Saudi prison | Middle East | News and analysis of events in the Arab world | DW | 17.06.2021
Authorities continued to prosecute individuals for trivial expressions unintentionally perceived as blasphemous or disrespectful to Islam, such as short format videos or pictures on social media.77Saudi Arabia – United States Department of State
Individuals often face much longer sentences for blasphemy committed online due to being charged under multiple laws.78Saudi Arabia: Yemeni Man Sentenced for Apostasy | Human Rights Watch (hrw.org) Social media users who post or share content considered to attack religion face imprisonment for up to five years under the Cybercrime Law.79 تفاصيل النظام (boe.gov.sa) Those found guilty of distributing content online deemed to disrupt public order, public morals, or religious values may also be subject to a fine of three million riyals (approx. US$800,000).80Saudi Arabia – United States Department of State
Blasphemy and apostasy allegations also target religious reformists and Muslims who refuse certain historical scholarly works. Hassan Farhan al-Maliki, was arrested in September 2017 for calling into question the fundamentals of Islam by casting doubt on prophetic Sunna and hadith (the record of the traditions or sayings of the Prophet Mohammed), criticism of early Islamic figures, insulting the country’s rulers and the Supreme Council of Religious Scholars, and describing them as extremist.81Saudi Arabia – United States Department of State al-Maliki is facing death penalty while being derided from the right of delivering defence to the judge.
Freedom of expression
According to one prominent Saudi journalist, the “margin for free expression has shrunk significantly” in recent years in both print and online media, especially when concerning Crown Prince Muhammad bin Salman and Vision 2030.82Saudi Arabia: Freedom on the Net 2021 Country Report | Freedom House
The government controls domestic media content and heavily influences regional television coverage. Journalists can be imprisoned for a variety of vaguely defined crimes.83Saudi Arabia: Freedom in the World 2021 Country Report | Freedom House
On 12 July 2020, the Saudi Broadcasting Corporation (SBC) issued a statement announcing the suspension of the children’s television show Green Wish after the host asked members of the audience to pin their wishes on a wishing tree and hope they would come true, which many viewers said was “a call for polytheism.” In the statement, the SBC affirmed the adherence of its programs to “tolerant” Islam.84Saudi Arabia – United States Department of State
Social media provides an outlet for citizens to discuss current events and religious issues, but self-censorship is common, given the risk of official reprisals when discussing topics such as religion or the royal family.85Saudi Arabia – United States Department of State
Academic freedom is restricted, and informers monitor classrooms for compliance with curriculum rules, including a ban on teaching secular philosophy and religions other than Islam.86Saudi Arabia: Freedom in the World 2021 Country Report | Freedom House
Censorship
A 2011 royal decree amended the press law to criminalize publishing anything:
“contradicting sharia, inciting disruption, serving foreign interests that contradict national interests, and damaging the reputation of the Grand Mufti, members of the Council of Senior Religious Scholars, or senior government officials.”87Saudi Arabia – United States Department of State
Violations can result in fines and forced closure of media outlets.
Article 15 of the Regulations for Electronic Publishing Activity prohibits publishing anything that contravenes Islamic law, violates public order, or serves “foreign interests,” as well as material inciting a “spirit of discord” within society.88Saudi Arabia: Freedom on the Net 2021 Country Report | Freedom House
In addition, all blogs and websites must have a Ministry of Information license or face fines and possible closure.89Saudi Arabia: Freedom in the World 2021 Country Report | Freedom House
The government is reported to continue to exercise its ability to inspect and confiscate personal non-Islamic religious works.90Saudi Arabia – United States Department of State
Some academic experts reported that the government continued to exclude perspectives at variance with the Salafi tradition within Sunni Islam from its extensive government-owned religious media and broadcast programming.91Saudi Arabia – United States Department of State
Online self-censorship is pervasive. Social media users are extremely cautious about what they post, share, or “like” online due to the threat of harassment or prosecution under broadly worded antiterrorism and other laws. Users who express support for liberal ideals, minority rights, or political reform, in addition to those who expose human rights violations or otherwise scrutinize government policy, are closely monitored and often targeted by the government.92Saudi Arabia: Freedom on the Net 2021 Country Report | Freedom House
Authorities block a wide range of websites deemed harmful, illegal, anti-Islamic, or offensive, and do not tolerate criticism of the Saudi royal family or its allies among countries in the Persian Gulf, online or otherwise. Over 500,000 websites were blocked in the country between 2007 and 2020. “objectionable” content, includes views of religion it considered extremist or misinformed.93Saudi Arabia: Freedom on the Net 2021 Country Report | Freedom House The government shut down or blocked Twitter accounts for “religious and ethical violations,” and authorities arrested an undisclosed number of social media users under the cybercrimes law.94Saudi Arabia – United States Department of State; تفاصيل النظام (boe.gov.sa)
Saudi authorities frequently block news and other websites due to geopolitical considerations. The authorities block NGOs and opposition groups. News sites with opposing views to the Saudi government are also blocked.95Saudi Arabia: Freedom on the Net 2021 Country Report | Freedom House
Blocking and filtering by authorities is complemented by non-state censorship and forced content removal. News outlets frequently delete user-generated content that could be deemed inappropriate or inconsistent with societal norms, as they can be held legally liable for content posted on their platforms.
Saudi dissidents and political activists who post content critical of the Saudi government from outside the country have reported incidents where platforms like Facebook and Twitter have removed content or blocked access to their accounts. commentators often accusing social media companies of complicity with government authorities in censoring online content.
Freedom of assembly, advocacy of humanist values
The country is not a party to the International Covenant on Civil and Political Rights.96https://indicators.ohchr.org/
The monarchy generally excludes the public from any meaningful political participation Political parties and similar associations are forbidden, and political dissent is effectively criminalized. Some of the country’s most prominent political rights organizations and activists have been arrested and sentenced to prison in recent years.97Saudi Arabia: Freedom in the World 2021 Country Report | Freedom House The law does not protect the right of individuals to organize politically.98 Saudi Arabia – United States Department of State The government is increasingly intolerant even of moderate critics.99Saudi Arabia: Freedom in the World 2021 Country Report | Freedom House
Freedom of assembly is not respected, and the government has imposed harsh punishments—including the death penalty—on those who lead or participate in public protests. The government uses terrorism courts to crack down on involvement in a protest and has sentenced to death individuals for participating in a protest.100Saudi Arabia: Freedom in the World 2021 Country Report | Freedom House
Human rights activists and other civil society representatives face regular harassment and detention. The government punishes activists and critics by limiting their ability to travel outside the country, and reform advocates are routinely stripped of their passports. Family members of activists can also be banned from travel to use as leverage against dissidents outside the country.101Saudi Arabia: Freedom in the World 2021 Country Report | Freedom House
In April 2021, the Specialized Criminal Court (SCC) handed Abdulrahman al-Sadhan, a 37-year-old Red Crescent aid worker, a 20-year prison sentence and a subsequent 20-year travel ban for allegedly using a satirical Twitter account to mock the government.102Saudi Arabia: Freedom on the Net 2021 Country Report | Freedom House
Cyber-surveillance
Surveillance is extensive within Saudi Arabia, also on citizens abroad. The government maintains an extensive system of social media surveillance and regulation, and invests considerable resources in automated “bot” and other accounts that influence and distort the social media environment and target prominent users.103Saudi Arabia: Freedom in the World 2021 Country Report | Freedom House; Saudi Arabia: Freedom on the Net 2021 Country Report | Freedom House
In November 2019, US prosecutors accused two former Twitter employees of providing information on users, including perceived government critics, to Saudi authorities. The government is also known to use messaging services to track citizens traveling abroad.104Saudi Arabia: Freedom in the World 2021 Country Report | Freedom House
Loujain al-Hathloul, a women’s rights activist’s phone was hacked and her communications and whereabouts were tracked by the Saudi government. Information collected was allegedly used to her arbitrary arrest in May 2018.105Saudi activist Loujain al-Hathloul files lawsuit against UAE-based cyber firm | Middle East Eye
The government justifies the pervasive monitoring of non-violent political, social, and religious activists by claiming that they are protecting national security and maintaining social order. The authorities regularly monitor websites, blogs, chat rooms, social media sites, emails, and text messages.106Saudi Arabia: Freedom on the Net 2021 Country Report | Freedom House
Highlighted cases
Ali Abu Luhum, a Yemeni journalist (38) was arrested on 23 August 2021. He was sentenced to 15 years in prison for apostasy on 21 October 2021, for tweets made via an anonymous Twitter account. He was allegedly tracked down using the email (or phone number) attached to the account. The judge in the case reportedly announced the ruling and sentence without hearing the defense witnesses. The court found that the tweets were “promoting apostasy, unbelief, and atheism.” Abu Luhum made coerced confessions which he retracted in front of the court. Due process was not followed and reports indicate he was threatened. Abu Luhum denies all the claims against him. The sentence has been appealed, and a final judgment must be approved by the Supreme Court.107Saudi Arabia: Yemeni Man Sentenced for Apostasy | Human Rights Watch (hrw.org)
Ahmed Farih Al-Shammari, from the town of Hafar Al-Batin, a village in Saudi Arabia′s eastern province, was in his early 20s when, in 2017, he was sentenced to death for posting videos on social media in which he renounced Islam and the Prophet Muhammad. “Apostasy” and “blasphemy” are punishable by death in Saudi Arabia. There is little information available on Mr. Al-Shammari’s current health or whereabouts.108https://www.uscirf.gov/victims-list/prisoner/12706
In November 2015, Palestinian poet and artist Ashraf Fayadh was sentenced to death for “apostasy”, a sentence to be carried out by beheading by sword. Fayadh, a member of the British-Saudi art organization Edge of Arabia, was first arrested in August 2013, in connection with his poetry. In a series of trials he has been accused of “spreading atheism”, insulting “the divine self”, insulting the Prophet Muhammad, discrediting the Quran and Hadith, and objecting to concepts of fate as acts of God. Even “having long hair” has been cited against him, as well as supposedly “having relationships” with women and having photographs of them on his mobile phone (the photographs appear to be simple side-by-side photographs with friends and colleagues). Despite having no access to a lawyer and thus violating the right to a fair trial, at the conclusion of the retrial, on 24 November 2015, Fayadh was sentenced to death. He has said he will appeal. He remains in prison today.109https://humanists.international/case-of-concern/ashraf-fayadh/
In December 2013, Raif Badawi, a blogger and creator of a “Liberal Saudi” blogging platform, intended to foster debate on religion and politics, was accused of “apostasy” and eventually sentenced to 10 years in prison, 1,000 lashes with a fine of 1 million Saudi riyals for “insulting Islam”. Badawi was first jailed in 2012 for violating Saudi Arabia’s IT law and insulting religious authorities through his online writings and hosting those of others on his website. His sentence at that time was 7 years in prison and 600 lashes. There has been an international outcry over Badawi’s case, with many civil rights groups including IHEU and many states including Canada and the USA, raising his plight at the UN Human Rights Council.110https://humanists.international/case-of-concern/raif-badawi/ Raif Badawi’s lawyer, Waleed Abu al-Khair, was imprisoned for “breaking allegiance with the king,” “making international organizations hostile to the kingdom,” and “setting up an unlicensed organization.”
References
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