The Responsibility of Non-Profit Organisations in Saudi Arabia for Terrorism Financing with Reference to Law and Practice in England and Wales.

Abstract

The Kingdom of Saudi Arabia's (KSA) non-profit (NPO) sector has been implicated in allegations of providing funding to radical Islamic organizations. This association, voiced especially after 9/11, has raised critical questions about the KSA's understanding of, and response to, this risk. This thesis undertakes a comprehensive investigation into the policies, laws, and practices employed within the country to combat terrorism financing (CTF) through NPOs. Beyond assessing the effectiveness of these measures, this research delves into the fairness of the KSA's CTF approach towards NPOs. Addressing these core questions through documentary analysis and fieldwork, the thesis explores the deficiencies and barriers, not only legal but also political, cultural, and structural which hinder the KSA in effectively and fairly countering terrorism financing through NPOs. One of the significant identified factors pertains to the incorporation of Sharia within the KSA's legal system and the inherent challenges it poses for the implementation of CTF procedures. Sharia principles do not explicitly address CTF-related matters and also affect the impact of more recent legislation against CTF. Relying on a legal framework that prioritizes historical norms over contemporary legal requisites can impede efforts, whether in criminal law, civil law, or regulatory action in the treatment of the NPO sector. In addition to identifying the factors contributing to the shortcomings in the KSA's CTF approach involving NPOs, this thesis offers recommendations for reforming the KSA's NPO governance system having regard to notions of responsive regulation and an assemblage model. These recommendations draw insights from the governance experiences of England and Wales which form the basis for policy transfer.