Sexual Conduct Law in Saudi Arabia
Saudi Arabia enforces one of the strictest legal systems in the world regarding sexual conduct, based on Sharia (Islamic law). The kingdom does not have a codified penal code in the Western sense, but instead relies heavily on interpretations of the Qur’an, Hadith, and rulings by Islamic scholars. Laws are enforced by religious courts, and punishments can be extremely severe.
Key Provisions
- Adultery (Zina): Sexual relations outside of marriage are considered a grave crime. Married persons found guilty of adultery may face the punishment of death by stoning, although in practice flogging and long prison sentences are more common today. Historically, stoning was applied publicly, and reports suggest it is still legally possible in rare cases.
- Premarital Sex: Unmarried couples engaging in sexual relations can be sentenced to imprisonment, public flogging, or deportation (for foreigners). This includes even private consensual encounters.
- Homosexuality: Same-sex sexual conduct is strictly criminalized. Punishments range from flogging, imprisonment, and exile, up to the death penalty in severe or repeated cases.
- Public Morality Laws: Men and women who are not related (non-mahram) are prohibited from mingling intimately. Dating is not legally recognized, and even being found together in private can lead to arrest by the authorities.
Punishments
- Flogging: Historically, hundreds of lashes could be administered for zina or homosexuality. Although Saudi Arabia announced in 2020 that flogging would be replaced with jail time and fines, reports indicate it still occurs in practice.
- Death Penalty: Adultery by a married person and homosexuality in certain cases remain capital crimes. Methods of execution traditionally included stoning or beheading by sword.
- Imprisonment and Deportation: Foreign nationals are often deported after serving prison time if found guilty of sexual offenses.
Notable Legal Texts and Rulings
“Whoever commits zina (fornication or adultery), if he is married, shall be punished by stoning to death; if unmarried, then by one hundred lashes and exile for one year.” – Hadith, cited in Saudi judicial practice
Historic Punishments
Stoning (Rajm): Still technically part of Saudi law for adultery, though very rarely carried out in modern times.
Public Beheading: Executions for zina, rape, and homosexuality have historically been carried out in public squares by sword.
Flogging in Public: Before the 2020 announcement, it was common for hundreds of lashes to be administered in front of the public. Though officially replaced, accounts suggest flogging may still occur.
Penalties at a Glance
| Offense | Punishment | Notes |
|---|---|---|
| Adultery (Married) | Death by stoning, imprisonment, or flogging | Stoning rarely applied today, but still legal |
| Premarital Sex | 100 lashes, imprisonment, deportation | Unmarried offenders often face prison or lashes |
| Homosexuality | Flogging, imprisonment, death penalty | Capital punishment possible for repeat offenses |
| Unrelated Male & Female Together | Arrest, fines, imprisonment | Applies even in private settings |
Historical and Current Practice
While Saudi Arabia rarely publicizes such punishments today, the legal possibility remains. Stoning for adultery is part of the Sharia framework, though international pressure has reduced its frequency. Foreigners have been punished with imprisonment, lashes, and deportation even for private consensual relationships. In recent years, the kingdom has undertaken reforms under “Vision 2030,” but laws on sexual conduct remain among the harshest in the world.
Recent Cases
- 2019: Two foreign domestic workers from the Philippines were sentenced to imprisonment and lashes for engaging in relationships with men. Both were later deported after serving part of their sentences.
- 2017: A Saudi man and a woman were sentenced to lashes and prison after being caught in a private home together without being married. The case drew international media coverage.
- 2016: Several men were arrested in Jeddah for allegedly hosting a “gay party.” They were sentenced to prison terms, flogging, and deportation for the foreigners involved.
- 2014: A Sri Lankan maid was sentenced to death by stoning for adultery. After significant international pressure, the sentence was later commuted to imprisonment and deportation.
Summary
Saudi Arabia’s sexual conduct laws are rooted in a strict religious framework. Although some punishments (like flogging) are being officially phased out, adultery, premarital sex, and homosexuality remain criminalized, with penalties that can include imprisonment, corporal punishment, and even execution. The kingdom continues to uphold traditional Sharia interpretations in its criminal justice system, making it one of the most restrictive countries globally regarding sexual morality.
References
- Al Fassi, H. (2017). Women in Pre-Islamic Arabia: Rights and Limitations. Routledge.
- Human Rights Watch. (2020). Saudi Arabia: Flogging Abolished as Punishment. Retrieved from https://www.hrw.org
- International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). (2020). State-Sponsored Homophobia Report. Geneva: ILGA World.
- Jones, T. (2015). Culture and law in Saudi Arabia. Middle East Journal, 69(3), 389–405.
- United Nations Office of the High Commissioner for Human Rights. (2014). UN rights experts urge Saudi Arabia to halt execution by stoning. Retrieved from https://www.ohchr.org