On a slow boat towards the rule of law : the nature of law in the Saudi Arabian legal system

Promoting the rule of law, particularly in the Middle East, is becoming an important issue in the age of globalization. The process of establishing the rule of law in Middle Eastern countries is far more complex than originally perceived. Saudi Arabia is one of the most highly influential Muslim and Middle Eastern countries with a non-constitutional monarchy based on a traditional Islamic law system where reform and change is very slow. Understanding the nature and meaning of law and the rule of law in the Saudi Arabian legal system is an important step in promoting a rule of law system in Saudi Arabia and in other Muslim and Middle Eastern countries. This paper analyzes the concept of law within the existing legal system of Saudi Arabia which is based on a monarchy system, tribal structure, and traditional Islamic law. This paper examines whether change, even slow, is possible for a country such as Saudi Arabia where its unique legal system may be too rigidly fixed in a specific ideology and traditions to enable it to embrace the reforms necessary to establish a rule of law system. 2 Arizona Journal of International & Comparative Law Vol. 26, No. 1 2009 ON A SLOW BOAT TOWARDS THE RULE OF LAW: THE NATURE OF LAW IN THE SAUDI ARABIAN LEGAL SYSTEM