The Road to Vision 2030: A New Reform Perspective Using Saudi Arabia’s Legal Framework, Judicial System, and Social Stability to Achieve Development Goals

Abstract

This dissertation aims to study and analyze obstacles facing development in Saudi Arabia from a legal perspective. It focuses on human rights and law-related obstacles affecting the country’s development goals. The motivation for this dissertation arose from Saudi Arabia’s announcement of its development plan, Vision 2030, which includes various programs that aim to promote development in all aspects and diversify the economic resources by shifting from a rentier economy that depends totally on oil to a diversified economy. Accordingly, this dissertation studies, evaluates, and attempts to offer solutions to the legal and human rights issues that may prevent Vision 2030 goals from being achieved. Chapters 1 through 3 of this dissertation shed light on the issue of legal ambiguity surrounding laws derived from the principles of Islamic jurisprudence fiqh and its negative impacts on legal certainty, accessibility, and predictability of laws. In this regard, this section addresses the Civil and Commercial Transactions Law in Saudi Arabia as one of the essential laws surrounded by the problem of legal ambiguity. The final three chapters deal with human rights problems in Saudi Arabia that affect the likelihood of success for the goals of Vision 2030. In particular, the argument focuses on restrictions based in and originating from religious and social extremism regarding freedom of religious practice, gender segregation in particular. These issues directly affect the quality of life for Saudis and foreigners. This human rights debate extends to the system that regulates foreign workers’ sponsorship in Saudi Arabia, kafala system, and its negative effects on labor rights. This dissertation contributes to the Saudi Vision 2030 by showing the link between law and development and by offering a new legal reform perspective to create an attractive environment for development, using multiple research approaches based on the available literature, library studies, and other resources. This dissertation argues that there is an excellent opportunity to boost development in different aspects, reach goals sought by Vision 2030, and help attract foreign investments, only if Saudi Arabia adopts new and bold reforms on these issues. In addition to detailed analytical questions, the main questions of this dissertation are as follows: What is development?; How can it be linked to law?; To what extent does law impact development?; What is Vision 2030?; How does Saudi Arabia intend to promote development in general and significantly diversify the non-oil resources?; What are the current law-related obstacles that hinder the developmental process in the country?; How did these obstacles arise?; What are the factors that contributed to its consolidation in society?; How would law-related reforms play an essential role in developing the country and achieving Vision 2030 goals?; And how can these issues be solved in a way that suits Saudi society and its Islamic identity? This dissertation finds that some legal, social, and religious concepts in Saudi Arabia constitute clear obstacles to the development process that is taking place in the country. This dissertation provides a further discussion on how to reform the current applications of these concepts. The proposed solutions include bold reform measures through partial codification of some laws to enhance legal certainty and make laws clear, predictable, and accessible, accompanied by judiciary reform. However, the specific judicial reforms need an in-depth study focusing on Saudi judiciary. Human rights reforms require a reinterpretation of Islamic texts from a moderate standpoint and the exclusion of extremist views that have dominated Saudi society since the Sahwa era. These reforms need time to yield results. Saudi Arabia can encourage development and reach its Vision 2030 goals through increased societal awareness, reform of educational curricula, reorganization of the Islamic fatwa, and issuing laws that maintain societal security and stability.