Law and Society in Saudi Arabia

International Conference, Leibniz-Zentrum Moderner Orient
Berlin, 9-10 October 2024

About the Conference

Legislation, jurisprudence, and legal mobilization have undergone epochal alterations in the Kingdom of Saudi Arabia. Historically, Saudi law has been identified predominantly with uncodified Islamic law, although legal realities on the ground have been much more complex but often little understood. With the publication of court judgments and the introduction of specialized courts, King ‘Abdallah initiated a process of legal transformation which has gained momentum since King Salman ascended the throne in 2015. One of the most recent developments is the codification of Islamic law, which many regard as a pivotal moment in the evolution of law in Saudi Arabia. How does this intersect with, impact on, and influence earlier understandings of law and legality? In this conference, we would like to take stock and reflect on the radical changes that law and society have undergone in recent years and in historic perspective.

The two-day conference addresses the role of the law in Saudi society both in the past and the present. We adopt a broad understanding of law, one encompassing both Islamic normativity as well as state-issued codes. This includes the law as it is conceptualized and applied by state institutions and legal professionals (religious scholars, lawyers, judges). It also encompasses the various ways in which people interact with the law and legal institutions in their everyday lives and how they express themselves through legal language. We believe that a better understanding of these practices can provide us with important insights into past and ongoing processes of social and political transformation in the kingdom.

With this “law and society” approach, we seek to bridge the gap between the study of social, political, and historical phenomena on the one hand, and research on the Saudi legal system on the other hand. In other words, we seek to discuss law in its social context from various perspectives: How is law socially and historically constructed in Saudi Arabia? How does law impact Saudi culture and politics? How are inequalities reinforced through differential access to and familiarity with procedures and institutions?

The conference will focus on the following topics:

Law in history: law and state-building; constitutional movement; historical case studies,
Law and equality: courts, litigation, and access to justice; legal mobilization; human rights,
Law and Islam: morality, public decency, and Islamic law; waqf; finance and banking; fatwas and legal language,
Law and gender: divorce and custody; women’s rights and mobilization; domestic violence, sexual harassment,
Law and governance: constitution/the Basic Law of Governance; citizenship/nationality; laws affecting associations and civil society; law-making and state institutions,
Law in action: legal language and its use in society; navigating the law: lawyers and legal procedures, digital technology and the law; the experience of courts; the effects of globalization on the law.

We have limited capacities for listeners to attend the conference. If you are interested in attending, please register.

Preliminary Programme

09:30 – 10:00: Registration

10:00 – 10:30: Introduction
Ulrike Freitag, Dominik Krell, Nora Derbal

10:30 – 12:00: Session 1: Law and the State

Debating “Constitutional Monarchy” in Saudi Arabia: Sultan Alamer (George Washington University)
The Jurisprudence and Significance of Saudi Monarchical Decrees: Hazim H. Alnemari (UCLA)

12:00 – 13:30: Lunch Break

13:30 – 15:00: Session 2: The Legal System

The Role of Judges and Jurisprudential Procedure in Saudi Legal System: Sümeyra Yakar (Igdir University)
The Role of Fatwas in the Legal Procedure in Saudi Arabia: Emine Enise Yakar (Erdogan University)

15:00 – 15:30: Coffee Break

15:30 – 17:00: Panel 2: Governing Islam

Zakat Management in Saudi Arabia: Replacement Tax or Social Redistribution? Altea Pericoli (Catholic University of Milan)
Legal Transformations in the Administration of Hajj and Umrah: Sebastian Maisel (University of Leipzig)
The Pilgrim and the Saudi State: Nesrin Hamid (University of Michigan)

19:00: Conference Dinner

9:30 – 11:00: Session 1: Law and Politics

The Recasting of Wahhabism and Sharia in MBS’s Saudi Arabia: Cole Bunzel (Stanford University)
The Legal Frameworks to Regulate Online Speech and Social Media: Bruno Schmidt-Feuerheerd (University of Cambridge)
To Be or Not to Be: Nationality Law, Citizenship, and Belonging in Saudi Arabia: Nora Derbal (Hamburg University)

11:00 – 11:30: Coffee Break

11:30 – 13:30: Session 2: Codifying Islamic Law

Islamic Law as State Law? The Codification of Islamic Law and its Implications for the Saudi State: Dominik Krell (University of Oxford)
The Process of Codifying Sharia in Saudi Arabia under King Salman: Tine Gade & Eman Alhussein (Norwegian Institute of International Affairs/The Arab Gulf States Institute Washington)
Family Law and the Codification of the Personal Status Law: Zina Sawaf (Lebanese American University)
Public Perceptions of Legal Reforms in Saudi Arabia: A Longitudinal Study on Changing Attitudes and Trust: Marko Jovanović (University of Belgrade)

13:30 – 15:00: Lunch Break

15:00– 17:00: Session 3: Gender and Family Law

Saudi Arabia’s New Personal Status Law: Gendered Judicial Reform or Gender Washing? Elad Giladi (Haifa University)
Absent Present: Women, Morality, and Property in Pre-Modern Najd: Abdulaziz H. Al Fahad (Alfahad & Partners)
In Love with The Binary: Sharia, Law and Policy on Transgender and Intersex People in Saudi Arabia: Nora Noralla (Cairo 52 Legal Research Institute)
tba: Nathalie Bernard-Maugiron (Paris University)

17:00 – 17:30: Coffee Break

17:30 – 18:30: Keynote

Portrayals of Law and Lawyers in a Ramadan Comedy Series on Saudi Television: Gianluca Parolin & Naomi Sakr (Aga Khan University/University of Westminster)