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Shura in
the Kingdom of Saudi Arabia:
A Historical
Background
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Shura (consultation) in Saudi Arabia has passed
through several stages since the arrival of the late
King Abdul-Aziz into Mecca in 1924. He called for
the application of Shura at that early date. King
Abdul-Aziz made Shura a foundation of his government
in order to fulfill the divine order by applying
Shariah (Islamic Jurisprudence) and Shura as parts
of it. He intended to establish an Islamic Shura
state applying Shariah as it is prescribed in the
Qur'an and authentic Sunnah (deeds and teachings of
Prophet Mohammad, peace be upon him).
It may be helpful to review the stages of the
developments in the field of the application of
Shura in the Kingdom.
The Kingdom's experience in the application of
Shura is rich. This experience does not differ from
the experience of any other parliamentary council
with regard to the stages of its development and the
practices of its functions. These stages and
developments coincided with given political
realities and the internal circumstances of the
country.
The National Council
in 1924
The first
elected council was founded in 1924 under the title
of (The Consultative National Council) under the
chairmanship of Sheik Abdul Gadir Al-Shebi. The
council consisted of twelve members. At that time,
when the state structure was not completed, the
council was entrusted with drafting the basic laws
for the administration of the country. At that early
stage, there was no law to specify the functions of
the council. However, that council continued for six
months.
The Consultative
National Council in the year 1925
To expand the circle of participation, the previous
council has been dissolved and a Sultanic decree has
been issued to form a new elected council
representing all 12 districts of Mecca. Two
religious scholars and one member representing
commerce were to be among the twelve elected
members. The council included three additional
members nominated by the Sultan from the
distinguished citizens of Mecca. One can notice the
combination of election and nomination in the
formation of the membership of that council.
The council was presided by Sheik Mohammed
Al-Marzooqi, with Skeik Abdul Gadir Al-Shebi as vice
president, and included fifteen members. Mohammed
Suroor Al-Sabban was the secretary of the council.
This council had more organization than its
predecessor; it had a vice president and a
secretary. The instructions to form the council came
in six articles. These instructions specified the
qualifications for membership, the closing date for
voting, and eligible voters. The jurisdictions of
the council were formulated in seven articles that
included regulating all affairs in courts,
municipalities, endowments, education, security, and
commerce in addition to forming permanent committees
to solve the problems related to the social
traditions that did not contradict Shariah.
Majlis Ash-Shura in
the year 1926
Among the stages that the country went through in
the process of unification, and as part of the
effort to build a state of establishments that can
steer the society into more progress, King
Abdul-Aziz issued his approval to enact a new Basic
Law of Governance in 1926. Among the new laws was a
special section for councils, including Majlis
Ash-Shura for which items 28, 29, 30, 31, 36 and 37
were addressed. These items deal with the council
location, council title (renamed Majlis Ash-Shura
instead of its previous title, National Council),
the formation of its membership (which included 12
members), determining the convening of its sessions
and those who have the right to attend them, and
limiting membership terms to one year.
Such items were not included in the formation
instructions of the previous National Council.
Majlis Ash-Shura was launched on 6/7/1927.
Majlis Ash-Shura in 1927
Two days after the dissolotion of the previous
council, a royal decree was issued to amend the
fourth section of the Basic Law of Governance which
deals with Majlis Ash-Shura. The new amendment
allowed the council to work according to a new
revised system. The council for this year consisted
of 8 members who serve two-year terms. According to
the new law, the council is to consist of four
members elected by the government after consultation
with eminent experts, and four members appointed by
the government two of whom had to be residents of
Najd region.
The new council law was issued in 15 articles
reflecting the council's previous experience. This
new law represents the first law drafted for Majlis
Ash-Shura. The law stipulates that membership is to
consist of eight full-time members presided by the
deputy of the King, His Royal Highness Prince Faisal
Bin Abdul-Aziz. The council had to convene twice a
week, and it could convene more than that upon the
request of its president when necessary.
The year 1927 is considered the actual founding date
of Majlis Ash-Shura during the reign of King Abdul
Aziz who inaugurated the council's first session on
Sunday 17/7/1927.
Majlis Ash-Shura in
1928
Due to the large number of tasks entrusted to the
council, the public interest necessitated some
amendments on its law, so a new amended law was
issued. The new law consisted of 14 articles. The
amendments were the following:
The number of the council members was increased to
12 instead of 8; the second article indicated that a
permanent vice president for the council is to be
appointed by the King while a second vice president
is to be elected by the council; and the eighth
article specified that the council sessions should
be held every day instead of twice a week.
In the same year, the council issued an appendix of
seven articles for its law. The new appendix was
intended to facilitate the council's works. This
appendix was developed and issued as internal
by-laws for Majlis Ash-Shura. It came in 24
articles.
The council continued working under the above
mentioned law without any amendments, and went on
exercising wide jurisdictions until the founding of
the Council of Ministers in 1953 when many of the
jurisdictions of Majlis Ash-Shura were distributed
between the Council of Ministers and other
apparatuses of government which were developed
according to their regulations. However, Majlis
Ash-Shura continued to hold sessions and to look
into issues referred to it albeit at a reduced level
of power.
From the reign of the late King Abdul-Aziz to the
reign of the late King Khalid, the old council held
a total of 6222 sessions and issued 9349 decisions
in 51 council terms.
The Modern Majlis
Ash-Shura
After the Kingdom achieved enormous progress in
development, the Custodian of the Two Holy Mosques,
the late King Fahd bin Abdul-Aziz, issued decrees to
modernize all major laws in the country. In his
historical speech, which he delivered in 27/8/1421
H, he introduced three major laws: the Basic Law of
Governance, the Provincial Councils' Law, and the
Majlis Ash-Shura Law.
The modernization of Majlis Ash-Shura was considered
to be and update to what had already existed by
enhancing the council's frameworks, methods, and
means and injecting efficiency, organization, and
vitality into them. This was done to ensure that the
council could cope with the rapid developments the
country has seen in recent years in all fields, and
to keep pace with the demands and requirements of
modern times. This started a new page in the long
history of Shura in the Kingdom of Saudi Arabia.
The late King Fahd fortified the foundations of
Shura in the kingdom by issuing the new Majlis
Ash-Shura Law in 27/8/1421 H. (to replace the old
law which was issued in 1347 H.) and by approving
the bylaws of the council and their supplements in
3/3/1414 H. He launched the first term of the
council with a speaker and 60 members. In the second
term, the council consisted of a speaker and 90
members. In the third term, the council included a
speaker and 120 members. In the fourth term, the
council consisted of a speaker and 150 members,
representing people of knowledge, experience, and
competence.
In
1/8/2005, the Custodian of the Two Holy Mosques King
Abdullah bin Abdul-Aziz come into power. Since he
was the Crown Prince, King Abdullah has been giving
the council his utmost attention by supporting its
march and strengthening its goals since. As a Crown
Price, He delivered a number of royal speeches on
behalf of the King to start the agenda of some years
in the third and the fourth terms. He also showed
his support of the council through amending some
articles of the council's law to cope with the
growing positive changes in the Kingdom in order to
achieve welfare for the country and the citizens.
The elite group of members from which this modern
council is formed has proven its worthiness in the
past four terms through great achievements and
important decisions that have been made in a short
period of time.
In
its new form, the council has held 845 sessions and
issued 1174 leading to the second
year of its fourth
term.
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