Page 4 of 8: Restrictions on Religious Freedom

Restrictions on Religious Freedom

Islamic practice generally is limited to that of the Wahhabi order, which adheres to the Hanbali school of the Sunni branch of Islam as interpreted by Muhammad Ibn Abd Al-Wahhab, an 18th century Arab religious reformer.  Practices contrary to this interpretation, such as visits to the tombs of renowned Muslims, are discouraged, as is the practice of other schools of Sunni Islam.  The spreading of Muslim teachings not in conformance with the officially accepted interpretation of Islam is prohibited.  Writers and other individuals who publicly criticize this interpretation, including both those who advocate a stricter interpretation and those who favor a more moderate interpretation than the Government's, reportedly have been imprisoned and faced other reprisals, although there were no reports of such actions during the period covered by this report.

The Ministry of Islamic Affairs supervises and finances the construction and maintenance of almost all mosques in the country.  The Ministry pays the salaries of imams (prayer leaders) and others who work in the mosques.  A governmental committee defines the qualifications of imams.  The Mutawwa'in (religious police, who make up the Committee to Promote Virtue and Prevent Vice) are government employees, and the president of the Mutawwa'in holds the rank of cabinet minister.

Foreign imams are barred from leading worship during the most heavily attended prayer times and prohibited from delivering sermons during Friday congregational prayers.  The Government states that its actions are part of its "Saudiization" plan to replace foreign workers with citizens.

Under Shari'a conversion by a Muslim to another religion is considered apostasy, a crime punishable by death if the accused does not recant.  There were no executions for apostasy during the period covered by this report, and no reports of any such executions for the past several years.

The Government prohibits public non-Muslim religious activities. Non-Muslim worshippers risk arrest, lashing, and deportation for engaging in overt religious activity that attracts official attention.  The Government has stated publicly, including before the U.N. Committee on Human Rights in Geneva, that its policy is to protect the right of non-Muslims to worship privately; however, it does not provide explicit guidelines--such as the number of persons permitted to attend and acceptable locations--for determining what constitutes private worship, which makes distinctions between public and private worship unclear.  Such lack of clarity, as well as instances of arbitrary enforcement by the authorities, force most non-Muslims to worship in such a manner as to avoid discovery by the Government or others.  During the period covered by this report, the number of reports of detentions and deportations related to non-Muslim worship has decreased compared to the previous period, and there were no reports of lashings.

The Government does not permit non-Muslim clergy to enter the country for the purpose of conducting religious services, although some come under other auspices.  Such restrictions make it very difficult for most non-Muslims to maintain contact with clergymen and attend services.  Catholics and Orthodox Christians, who require a priest on a regular basis to receive the sacraments required by their faith, particularly are affected.

Proselytizing by non-Muslims, including the distribution of non-Muslim religious materials such as Bibles, is illegal.  There were no reports during the period covered by this report of arrests for proselytizing.  Muslims or non-Muslims wearing religious symbols of any kind in public risk confrontation with the Mutawwa'in.  Under the auspices of the Ministry of Islamic Affairs, approximately 50 so-called "Call and Guidance" centers employing approximately 500 persons work to convert foreigners to Islam.  Some non-Muslim foreigners convert to Islam during their stay in the country, including more than 200 persons in Jeddah each year.  The press often carries articles about such conversions, including testimonials.

The Government requires noncitizens to carry Iqamas, or legal resident identity cards, which contain a religious designation for "Muslim" or "non-Muslim."

Members of the Shi'a minority are the subjects of officially sanctioned political and economic discrimination.  The authorities permit the celebration of the Shi'a holiday of Ashura in the eastern province city of Qatif, provided that the celebrants do not undertake large, public marches or engage in self-flagellation (a traditional Shi'a practice).  The celebrations are monitored by the police; however, police presence at the April 2001 Ashura celebrations reportedly was much less prominent than in previous years.  No other Ashura celebrations are permitted in the country, and many Shi'a travel to Qatif or to Bahrain to participate in Ashura celebrations.  The Government continued to enforce other restrictions on the Shi'a community, such as banning Shi'a books.

Shi'a have declined government offers to build state-supported mosques because they fear the Government would prohibit the incorporation and display of Shi'a motifs in any such mosques. The Government seldom permits private construction of Shi'a mosques.  In March 2001, religious police reportedly closed a Shi'a mosque in Hofuf because it had been built without government permission.

Members of the Shi'a minority are discriminated against in government employment, especially with respect to positions that relate to national security, such as in the military or in the Ministry of the Interior.  The Government restricts employment of Shi'a in the oil and petrochemical industries.  The Government also discriminates against Shi'a in higher education through unofficial restrictions on the number of Shi'a admitted to universities.

Since the 1979 Iranian revolution some Shi'a suspected of subversion have been subjected periodically to surveillance and limitations on travel abroad.  Prior to 2001, the Government actively discouraged Shi'a travel to Iran to visit pilgrimage sites due to security concerns.  Shi'a who went to Iran without government permission, or who were suspected of such travel, normally had their passports confiscated upon their return for periods of up to 2 years.  However, according to press reports, in early 2001, the Government lifted the requirement that citizens intending to travel to Iran seek permission in advance from authorities.  This change corresponds with improving  relations between Saudi Arabia and Iran.  Advance permission for travel to Iraq, whether for business or religious pilgrimage, has been necessary for some time due to security concerns, but such travel remains possible.

Under the Hanbali interpretation of Shari'a law, judges may discount the testimony of people who are not practicing Muslims or who do not have the correct faith.  Legal sources report that testimony by Shi'a is often ignored in courts of law or is deemed to have less weight than testimony by Sunnis.  For example, in May 2001, a judge in the eastern province asked two witnesses to an automobile accident if they were Shi'a.  When they so confirmed, the judge announced to the court that their testimony was inadmissible.  Sentencing under the legal system is not uniform.  Laws and regulations state that defendants should be treated equally; however, under Shari'a as interpreted and applied in the country, crimes against Muslims may result in harsher penalties than those against non-Muslims.

Customs officials routinely open mail and shipments to search for contraband, including non-Muslim materials, such as Bibles and religious videotapes.  Individuals generally are able to bring religious materials into the country for personal use.

Islamic religious education is mandatory in public schools at all levels.  All children receive religious instruction, which generally is limited to that of the Hanbali school of Islam.  Non-Muslim students in private schools are not required to study Islam.

Women are subject to discrimination under Shari'a as interpreted in the country.  In a Shari'a court, a woman's testimony does not carry the same weight as that of a man:  The testimony of one man equals that of two women.  Female parties to court proceedings, such as divorce and other family law cases, generally must deputize male relatives to speak on their behalf.

Although Islamic law permits polygyny, with up to four wives, it is becoming less common due to demographic and economic changes.  Islamic law enjoins a man to treat each wife equally.  In practice such equality is left to the discretion of the husband.  Some women participate in Al-Mesyar (or "short daytime visit") marriages, in which the women relinquish their legal rights to financial support and nighttime cohabitation.  In addition, the husband is not required to inform his other wives of the marriage, and any children resulting from such a marriage have no inheritance rights.  Women may not marry noncitizens without government permission; men must obtain approval from the Ministry of Interior to marry women from countries outside the six states of the Gulf Cooperation Council.  In accordance with Shari'a, women are prohibited from marrying non-Muslims; men may marry Christians and Jews, as well as Muslims.

While Shari'a provides women with a basis to own and dispose of property independently, women often are constrained from asserting such rights because of various legal and societal barriers, especially regarding employment and freedom of movement.  In addition, daughters receive half the inheritance awarded to their brothers.

Women must demonstrate legally specified grounds for divorce, but men may divorce without cause.  In doing so, men are required to pay immediately an amount of money agreed upon at the time of the marriage, which serves as a one-time alimony payment.  Women who demonstrate legal grounds for divorce still are entitled to this alimony.  If divorced or widowed, a Muslim woman normally may keep her children until they attain a specified age: 7 years for boys, 9 years for girls.  Children over these ages are awarded to the former husband or the deceased husband's family.  Numerous divorced foreign women continued to be prevented by their former husbands from visiting their children after divorce.

Failure of Muslim women to wear an abaya or headscarf can lead to admonishment (and in the past occasionally has led to arrest) by some Mutawwa'in enforcing their own interpretation of religious doctrine.