Shura's Law

Contents

Shura Council Law

Royal Decree No. A/91

27 Sha'ban 1412/ I March 1992

Published in Umm-al-Qura Gazette, No.3397

2 Ramadan 1412 / 5 March 1992

Article One:

In compliance with Allah Almighty words:

[Those who respond to their Lord, and establish regular prayer; who (conduct) their affairs by mutual consultation; who spend out of what we bestow on them for sustenance] "Shura Sura (ChapterXL11), Verse 38". And [It is part of the Mercy of Allah that thou dost deal gently with them. Wert thou severe or harsh-hearted , they would have broken away from about thee : so pass over ( their faults ) , and ask for ( Allah's ) forgiveness for them ; and consult them in affairs ( of moment ) . Then, when thou hast taken a decision, put thy trust in Allah. For Allah loves those who put their trust (in Him)] "Al-Imran Sura (ChapterIII), Verse 159".

And following His Messenger Peace Be Upon Him (PBUH) in consulting his Companions, and urging the (Muslim) Nation to engage in consultation. Shura Council shall be established to exercise the tasks entrusted to it, according to this Law and the Basic Law of Governance while adhering to Quran and the Path (Sunnah) of his Messenger (PBUH), maintaining brotherly ties and cooperating unto righteousness and piety.

Article Two:

Shura Council shall hold fast to the bond of Allah and adhere to the sources of Islamic legislation. All members of the Council shall strive to serve the public interest, and preserve the unity of the community, the entity of the State and nation interests.

Article Three:

Shura Council shall consist of a Speaker and One hundred and fifty members chosen by the King from amongst scholars, those of knowledge, expertise and specialists.

Article Four:

It is stipulated that the member of Shura Council shall be as follows:

(a) A Saudi national by descent and upbringing.

(b) A person well known for uprightness and competence.

Article Five:

A member may submit a request to resign his membership to the Speaker, who in turn shall bring it before the King.

Article Six:

Accountability of a member shall be done on failing to perform duties, and shall be trialed according to rules and procedures to be issued by royal decree.

Article Seven:

On vacancy of a member position, the King shall choose a substitution and a royal decree shall be issued to this effect.

Article Eight:

No member may exploit his membership for his own interest.

Article Nine:

The membership shall not be combined with any governmental post, or with the management of any organization, unless the King deems it necessary.

Article Ten:

Speaker, Vice-Speaker, and Secretary General shall be appointed and released by royal decree. Their ranks, rights, duties, and all their affairs shall be defined by royal decree.

Article Eleven:

Prior to assumption of their duties, Speaker, members and Secretary General shall take the following Oath before the King:

“I swear to Allah Almighty to be loyal to my religion, then to my King and Country, and not to reveal any of the State’s secrets, to preserve its interests and laws, and to perform my duties with sincerity, integrity, loyalty and fairness.”

Article Twelve:

Riyadh City shall be the seat of the Shura Council. The Council may convene in other locations within the Kingdom if the King deems it appropriate.

Article Thirteen:

Shura Council term shall be four Hijri years, effective from the specified date in the Royal Decree issued for its formation. A new Council shall be formed at least two months prior to the end of the current Council. In case term of the current council ends before a new formation; current Council shall remain active until the new formation is accomplished. Numbers of the newly selected members shall not be less than half of the current Council.

Article Fourteen:

The King, or whoever may deputize, shall deliver an annual royal speech at Shura Council on State's domestic and foreign policy.

Article Fifteen:

Shura Council shall express its opinion on State's general policies referred by Prime Minister. The Council shall specifically have the right to exercise the following:

(a) Discuss the general plan for economic and social development and give view.

(b) Revising laws and regulations, international treaties and agreements, concessions, and provide whatever suggestions it deems appropriate.

(d) Discuss government agencies annual reports and attaching new proposals when it deems appropriate.

Article Sixteen:

A meeting of Shura Council shall not be valid without a quorum of at least two-thirds of members, including Speaker or whoever may deputizes. Resolutions shall not be considered valid without members' majority approval.

Article Seventeen:

Shura council’s resolutions shall be submitted to the king who decides what resolutions to be referred to Cabinet. If views of both Shura Council and Cabinet agree, the resolutions are issued after the king approval. If views of both councils vary the issue shall be returned back to Shura Council to decide whatever it deems appropriate, and send the new resolution to the king who takes the final decisions.

Article Eighteen:

Laws, international treaties and agreements, and concessions shall be issued and amended by royal decrees after being reviewed by the Shura Council.

Article Nineteen:

Shura Council shall form the necessary specialized committees amongst its members to exercise power within its jurisdiction. Further, it may form ad hoc committees to review any item on its agenda.

Article Twenty:

Shura Council’s committees may seek non-council members assistance of whomever fit upon Speaker's approval.

Article Twenty-One:

Shura Council shall have Steering Committee composed of Speaker, Vice Speaker, and heads of specialized committees.

Article Twenty-Two:

Speaker shall submit to Prime Minister requesting accountability of ministers. A minister shall have the right to participate in the deliberation but not the right to vote.

Article Twenty-Three:

Shura Council shall have the jurisdiction proposing a draft of a new law or an amendment of enacting law and study these within the council. Speaker shall submit the Council’s resolution of new or amended law to the king.

Article Twenty-Four:

Speaker of Shura Council shall submit a request to the Prime Minister in providing the Council with documents and data in possession of government agencies, which the Council deems necessary to facilitate its work.

Article Twenty-Five:

Speaker shall submit an annual report to the King regarding Council’s work in accordance with its regulations.

Article Twenty-Six:

Civil service laws shall be applying to Shura Council employees unless the regulations provide otherwise.

Article Twenty-Seven:

The King shall allocate Shura Council special budget. The budget shall be spend in accordance with rules issued by royal decree.

Article Twenty-Eight:

Shura Council’s financial matters, auditing and closing accounts shall be regulated by special rules issued by royal decree.

Article Twenty-Nine:

Shura Council regulations shall define the functions of the Speaker, Vice Speaker, General Secretary, bodies, methods of meetings conducting, work management, committees' works and voting procedure. The regulations shall also specify rules of debate, responding principles and other matters conducive to order and discipline within Council, so Council shall exercise jurisdiction for the Kingdom welfare and nation prosperity. These regulations shall be issued by royal decree.

Article Thirty:

Amendment of this Law can only be made in the same manner of the promulgation.