Iran v Saudi Arabia: Four-Part Series

The following is a four-part series comparing politics, ideology, leadership, and women's issues in Iran and Saudi Arabia - two Middle Eastern powers that have been rivals for more than 30 years.

Part 1- Iran v Saudi Arabia: Islam's Arch Rivals

Cameron Glenn

Iran and Saudi Arabia have been regional rivals for more than 30 years, but they have at least one thing in common: Both present themselves as pure, idealized states based on Islam. In practice, however, their unique blends of religion and politics are starkly different.

Iran is a predominantly Shiite theocracy; Saudi Arabia is a predominantly Sunni monarchy. Both award significant powers to their political leaders, but clerics have disparate roles—reflecting the core difference that led to Islam’s original schism 14 centuries ago.

Iran Saudi Arabia map

Iran blends democratic and religious institutions because Shiites believe the clergy is empowered to interpret God’s word. Iran’s supreme leader has the last word on political life.

Saudi Arabia is an absolute monarchy legitimized by Wahhabi clerics, but the clerics only have advisory roles. The king has the last – and only—word on political life.

The rivalry between Iran and Saudi Arabia has played out on political, social, and cultural levels. Relations were strained throughout the 1980s, as Saudi Arabia quietly supported Iraq during the Iran-Iraq war. The Arab Spring in 2011 further aggravated tensions – Saudi Arabia sent troops to quell the Shiite protests in Bahrain and blamed Iran for provoking the unrest. In September 2015, hundreds of Iranians were killed in a stampede during the annual hajj ritual in Saudi Arabia. Tehran accused Riyadh of mismanagement, and Saudi officials accused Iran of playing politics in the aftermath of the tragedy. And after Saudi Arabia executed Shiite cleric Nimr al Nimr in January 2016, protesters attacked the Saudi embassy in Tehran. As a result, Saudi Arabia severed diplomatic ties with Iran.

By early 2016, both countries were also on the brink of potentially tumultuous transitions. In Iran, President Hassan Rouhani began expanding Iran’s outreach to the world in the wake of the nuclear deal in July 2015, provoking a backlash from hardliners seeking to preserve the revolutionary character of the state. In Saudi Arabia, King Salman removed his brother as his successor and replaced him with a younger prince, placing the kingdom’s future in the hands of the next generation of royals. 

Politics 

In Iran, the theocracy strongly rejects monarchies. In 1979, Ayatollah Ruhollah Khomeini called for overthrowing pro-American monarchies in the Gulf, including the Saudi kingdom. Saudi Arabia is home to the two holiest cities in Islam, and the formation of the Islamic Republic – an alternative model of Islamic governance, involving elections – challenged Saudi dominance in the Muslim world.

In the Islamic Republic of Iran, the experiment with Islamic governance began with the 1979 revolution. Its republican constitution draws on French and Belgian law but also stipulates that all laws must be compatible with Sharia. Since Shiism awards clerics the authority to interpret between God and man, clerics hold powerful positions in government. Each of the traditional branches of government—the presidency, legislature and judiciary—is mirrored by a parallel institution made up of clerics and Islamic scholars who act as a check-and-balance. The core political debate inside Iran often plays out over which should be more powerful—the republican institutions or the Islamic bodies.

The Kingdom of Saudi Arabia was formed in 1932 after founder Abdul Aziz Ibn Saud seized distant oases and consolidated rival tribes. He unified much of the Arabian Peninsula by winning support from Wahhabi clerics, who offered legitimacy to the House of Saud’s absolute monarchy. The al Saud alliance with Wahhabis – followers of an ultra-conservative version of Sunni Islam – dates to the eighteenth century. The Quran and the Sunnah (sayings and teachings of the Prophet Mohammed) act as the kingdom’s constitution. But in 1992, King Fahd issued the “Basic Law of Governance” with constitution-like principles outlining government roles and responsibilities.

Iran

  Saudi Arabia

Population: 81.8 million

Median age: 28.8 years

Religion: 99.4% Muslim, 90-90% Shiite and 5-10% Sunni

Area: 1.65 million sq km

GDP per capita: $17,100

GDP: $404.1 billion

Proven crude oil reserves: 157 billion barrels

Crude oil production: 3.1 million barrels per day (2014)

Crude oil exports: 1.1 million barrels per day (2014)

Population: 27.8 million

Median age: 26.8 years

Religion: 85-90% Sunni and 10-15% Shiite

Area: 2.15 million sq km

GDP per capita: $52,200

GDP: $752.5 billion

Proven crude oil reserves: 266.6 billion barrels

Crude oil production: 9.7 billion barrels per day (2014)

Crude oil exports: 7.1 billion barrels per day (2014)

Source: OPEC; CIA World Factbook on Iran and Saudi Arabia

Laws and Courts 

Iran and Saudi Arabia claim to base their court systems on Islamic principles. Both countries have been criticized for restricting civil liberties and engaging in arbitrary arrests and detentions, according to the U.S. State Department. In September 2015, Iran summoned the Saudi charge d’affaires in Tehran to protest Saudi Arabia’s execution of three Iranians for non-violent drug offenses. But the Islamic Republic also issues death penalties for drug crimes, and both countries are on track in 2015 to have their highest execution rates in two decades.

Iran has many layers of civil, criminal, and military courts, and its constitution lays out legal rights for its citizens. An additional layer of Islamic courts allows for prosecution and imprisonment on vague charges of anti-Islamic behavior. Iran’s republican constitution promises a wide range of personal and political freedoms, but international watchdogs have documented decades of human rights violations, economic corruption, and social discrimination. Lengthy detentions without charges are common. The penal code permits traditional Islamic punishments, such as stoning, flogging, and amputation. Iran has the second-highest execution rate in the world, after China. Iran executed at least 289 people in 2014. More than 800 people were executed between January and October 2015 alone.

Saudi Arabia also has a network of civil and criminal courts, which issue rulings based only on Sharia. But judges have unparalleled flexibility in judgments and punishments since the kingdom has no formal penal code and individuals have few specified rights. Saudi violations of due process, arbitrary arrests, and torture are common and widely documented. Saudi authorities have imprisoned human rights activists and political dissidents for peaceful activities. Saudi Arabia ranks third in executions – right below Iran – with 90 total executions carried out in 2014. At least 151 people were executed between January and November 2015, according to Amnesty International.

Women

In 2014, Iranian President Hassan Rouhani said, “Women must enjoy equal opportunity, equal protection, and equal social rights.” Saudi Foreign Minister Adel al Jubeir claimed in 2015 that “Women in Saudi Arabia are way ahead of women in other developing countries.” But Iranian women still face political, social, and economic discrimination. And Saudi women face even greater restrictions in public life than Iranian women.

In Iran, the constitution lays out rights and protections for women. They vote, run for office, hold high-ranking political positions and can pursue careers in most professions. Iranian women have won international recognition, from the Nobel Peace Prize to awards at the Cannes Film Festival. They do not need a man’s legal permission to make major life decisions. But women face discrimination in family matters such as marriage, divorce, inheritance, and child custody. Iran’s penal code also stipulates punishment for women who do not fully comply with modest Islamic dress, but many women push the limits with loose and colorful hijab and short, body-clinging jackets.

In Saudi Arabia, women are considered legal minors throughout their lives. They need legal permission from the main male in their life – whether father, husband, brother or son—for all major life decisions as well as for advanced education, employment outside the home, and travel. Women are totally banned from some ordinary public activities, such as driving. They were granted the right to vote in 2015, but gender segregation norms still largely prevent them from exercising this right. A 2013 royal decree granted women the right to serve on the Shura Council, an advisory body to the king. But, in practice, few women hold government office and employment rates are low, despite growing numbers of university graduates.

Judges rely heavily on strict interpretations of Sharia in their rulings. As in Iran, women face greater restrictions than men in matters of marriage, divorce, and custody. Saudi Arabia does not have formal laws on women’s dress. But religious police reprimand women for not wearing proper Islamic clothing, including a headscarf and abaya, a loose-fitting black cloak that covers the entire body.

Religious Minorities

Religious minorities in both countries face various forms of discrimination, which has at times highlighted sectarian tensions between Iran and Saudi Arabia. Tehran has accused Riyadh of encouraging unrest in Iran’s Khuzestan province, which has a large Sunni Arab population. Likewise, Riyadh accused Tehran of supporting the 2012 protests among Shiites in Saudi Arabia’s Eastern Province.

In Iran, the constitution provides for proportionate representation of Christians, Jews, and Zoroastrians in parliament. They all have religious centers, social groups and schools. They are allowed to openly practice their religious rites, including wine for the sacrament, and their holidays. Christmas decorations are a common sight.  But religious minorities face discrimination in education and employment. Non-Muslims are not permitted to serve in the judiciary or security services. Most religious minorities are allowed to open schools, but the curriculum is heavily supervised by the Ministry of Education. Sunni Muslims have reported bans on building schools and mosques. Baha’is, Iran’s largest religious minority, have no legal protections and have been the victims of frequent persecution.

In Saudi Arabia, Basic Law identifies Sunni Islam as the state religion. Minorities rarely hold political office, but a few Shiites are members of the advisory Shura Council. The kingdom does not provide explicit protections for minority religions. Minority groups, including Shiites, are not allowed to publicly practice their faith. The kingdom forbids employment of foreign Jews, and foreign Christians in the kingdom are forbidden from either public or private practice of their holidays. It also forbids any non-Muslim from being buried on Saudi soil.

Global Goals

Iran and Saudi Arabia share at least some interests in the Middle East. Both have been significant backers of Palestinian militant groups. Both are also actively engaged in fighting ISIS, and consider themselves vanguards against extremist groups in the region. Saudi Foreign Minister Adel al Jubeir told the U.N. General Assembly in September 2015 that the kingdom is “at the forefront of those countries fighting terrorism from all sides.” That same month, President Rouhani called Iran’s armed forces “the biggest regional power against terrorism.”

But a shared enmity for ISIS is not enough to overcome competition between the two countries for regional influence. Tensions between the two color virtually every conflict in the region. Iran and Saudi Arabia have been exporting their contrasting ideologies and funding different proxy groups for more than three decades.

Tehran aggressively exported its revolutionary ideology in the Islamic Republic’s early days. It promoted Shiism abroad by funding sympathetic Shiite clerics in the Arab world and South Asia. It fostered, armed and trained overt militias and covert operatives, primarily through the Revolutionary Guards. Iran is estimated to have spent hundreds of millions of dollars aiding and abetting groups, from Lebanon’s Shiite Hezbollah to the Palestinians’ Sunni Hamas and a wide array of Iraqi militias. Iran is a strong ally of Syrian President Bashar al Assad, and has sent substantial financial and military support to the regime since 2011. For decades, the State Department has named Iran as one of the world’s top sponsors of terrorism.

Riyadh began funding Wahhabi missionaries, mosques, and schools throughout the Muslim world in the 1980s, in part to counter the Islamic Republic’s influence. By some estimates, Saudi Arabia has spent at least $100 billion promoting Wahhabism since the 1980s. Saudi funds have been channeled to Sunni militant groups abroad, including Hamas, al Qaeda, and the Taliban, according to a U.S. Embassy cable.  Extremist groups have been known to gain access to Saudi-based charities that operate with little oversight from the government, diverting funds to support their operations.

Saudi Arabia considers itself a key defender of Muslims and Arabs around the world. The kingdom began launching airstrikes against Yemen’s Houthi rebels in March, and it is among the largest supporters of Sunni rebels in Syria.
 

Flashpoints

United States

Iran and Saudi Arabia have disparate relationships with the United States.

Washington and Tehran established ties in the 1880s; Iran became one of two pillars of U.S. policy during the Pahlavi dynasty. After the 1979 revolution, Iranian students twice seized the American embassy. Washington severed diplomatic ties in 1980 after the second takeover resulted in prolonged captivity for 52 diplomats. Over the years, the United States imposed an escalating series of sanctions on Iran over its nuclear program, human rights abuses, and support for terrorist groups. The historic nuclear deal in 2015 raised hopes of improving relations, although President Hassan Rouhani cautioned that restoring ties “isn’t going to happen overnight.”

Riyadh has had diplomatic relations with the United States since 1940. And since 1979, the kingdom has replaced Iran as a key pillar of U.S. policy in the region. “Saudi Arabia’s unique role in the Arab and Islamic worlds, its possession of the world’s largest reserves of oil, and its strategic location make its friendship important to the United States,” according to the State Department. In early 2015, Saudi Foreign Minister Adel al Jubeir said no one should “underestimate the strength and depth of relations between the United States and Saudi Arabia.” The United States is Saudi Arabia’s largest trading partner, and the two countries have a long history of security cooperation. Saudi Arabia imports more U.S. arms than any other country, reaching $90 billion in weapons deals between 2010 and 2015.

Syria

Tehran and Riyadh both oppose ISIS, but they support different actors in Syria’s civil war.

Iran has sent military advisors, equipment, and billions of dollars in aid to support Bashar al Assad's regime since 2011. The Islamic Republic has also been critical of U.S.-led airstrikes against ISIS. In September 2015, President Rouhani said “If we want to fight terrorists in Syria, we cannot do so while weakening the central government in Damascus.” Assad and his clan are Alawites, a branch of Shiite Islam, while the majority of Syrians are Sunnis.

Saudi Arabia funds Syria's Sunni rebels fighting Assad, including the U.S.-backed Free Syrian Army. In 2013, it surpassed Qatar as the largest backer of Syrian rebel groups. It joined the U.S.-led coalition against ISIS in 2014. Foreign Minister Adel al Jubeir said in September 2015 that a political solution has “no room for Bashar al Assad or those whose hands have been stained by the blood of the Syrian people.”

In October 2015, Iran accepted an invitation to join Syria peace talks in Vienna with more than a dozen other counties - including Saudi Arabia. The invitation, backed by the United States, marked a major change after two earlier failed peace initiatives in 2012 and 2014. Saudi Foreign Minister Adel al Jubeir said it would be an opportunity to "test Iran's intentions." Iran's Chief of Staff of the Armed Forces Hassan Firouzabadi called Saudi Arabia's participation "suspicious and illegitimate." At the talks, tensions between the two countries were palpable -- the delegations were even seated far apart at the negotiating table in such a way that they could avoid making eye contact.

Yemen

Iran and Saudi Arabia have clashed over the conflict in Yemen. The Houthis, a Zaydi Shiite movement frustrated with their poor political and economic status, took over large parts of Yemen in 2014 and forced out President Abd Rabbuh Mansour Hadi. The Houthis have been fighting Yemen’s government since 2004.

Iran is widely believed to back the Houthis, though the extent of their support is disputed. Tehran has denied providing arms or training to the Houthis, but some Iranian officials have expressed support for the Houthis’ cause. Houthi spokesman Mohammad Abdul Salam said in March 2015 that “Iran’s stance has been positive and the country has supported the Yemeni people.”

Saudi Arabia strongly opposes the Houthis and seeks to restore Hadi’s government. In March 2015, the kingdom began a bombing campaign against the Houthis to dislodge them from power. Saudi Foreign Minister Adel al Jubeir commended the Saudi campaign for “liberating numerous areas from the grip of insurgents” in September 2015. He also accused Iran of “trying to escalate the crisis in Yemen through incitement and attempts to smuggle arms to the rebels.”

Tehran has harshly criticized the Saudi bombing campaign. Secretary of the Supreme National Security Council Ali Shamkhani called the bombings a “war crime.” On the sidelines of the U.N. General Assembly in September 2015, President Rouhani said that Riyadh “should not have had the right to interfere in Yemen’s internal problems.”

Israel and Palestinians

Neither Iran nor Saudi Arabia has diplomatic ties with Israel, and both have separately supported Palestinian militant groups.

Allies under the shah, Iran and Israel ended relations after the 1979 revolution. Tensions between them reached new heights in 2010 over Iran’s advancing nuclear program, and Israeli Prime Minister Benjamin Netanyahu has been an outspoken critic of the nuclear deal reached between Iran and the world’s six major powers. Iran trained and equipped Lebanon’s Hezbollah in the 1980s. It has also provided military aid to Hamas. But relations have been strained since 2011, when Hamas began backing Sunni rebels in Syria’s civil war.

Saudi Arabia has never formally recognized the state of Israel and has reportedly sent more than $480 million in aid to the Palestinian Authority since 2002. Saudi Arabia introduced the Arab Peace Initiative at the 2002 Arab League summit, which proposed a two-state solution. Foreign Minister Adel al Jubeir called for addressing the “continued suffering of the Palestinian people, who are still deprived of their right to live in dignity, in defiance of the principles of international law and resolutions of international legitimacy” during his speech at the 2015 U.N. General Assembly. Although the kingdom’s ties to Hamas have been strained in the past, Hamas leaders visited King Salman in Riyadh in July 2015, signaling a potential shift.

Nonetheless, Saudi Arabia and Israel have some common interests. Both are U.S. allies, and both are wary of Iran’s influence in the Middle East. Rumors have circulated that the two countries have held secret meetings and exchanged intelligence over the past few years.


Photo credits: Imam Khomeini via Instagram; Ibn Saud via Wikimedia Commons [public domain]; Kerry and Jubeir by U.S. Department of State via Flickr Commons 

Part 2- Iran v Saudi Arabia: Government and Ideology

Cameron Glenn

Government

Iran and Saudi Arabia both claim to be model states based on Islam. But Iran is a theocracy with democratic elements, and Saudi Arabia is a hereditary monarchy. Iran’s political system is based on Shiism, while Saudi Arabia has strong ties to Wahhabism, a conservative branch of Sunni Islam.

Iran
Saudi Arabia
The Constitution
 
Article 2
The Islamic Republic is a system based on belief in:
1.the One God (as stated in the phrase “There is no god except Allah”), His exclusive sovereignty and the right to legislate, and the necessity of submission to His commands;
2.Divine revelation and its fundamental role in setting forth the laws”
 
Preamble
“In the view of Islam, government does not derive from the interests of a class, nor does it serve the domination of an individual or a group. It represents rather the crystallization of the political ideal of a people who bear a common faith and common outlook… Our nation, in the course of its revolutionary developments, has cleansed itself of the dust and impurities that accumulated during the taghuti [idol-worshipping] past and purged itself of foreign ideological influences, returning to authentic intellectual standpoints and world-view of Islam. It now intends to establish an ideal and model society on the basis of Islamic norms.”
The Basic Law of Governance
 
Chapter 1, Article 1
The Kingdom of Saudi Arabia is a sovereign Arab Islamic State. Its religion is Islam. Its constitution is Almighty God's Book, The Holy Qur'an, and the Sunna (Traditions) of the Prophet (PBUH).
 
Chapter 2, article 7
Government in the Kingdom of Saudi Arabia derives its authority from the Book of God and the Sunna of the Prophet (PBUH), which are the ultimate sources of reference for this Law and the other laws of the State.
 
Chapter 2, Article 8
Governance in the Kingdom of Saudi Arabia is based on justice, shura (consultation) and equality according to Islamic Sharia.
 
King Fahd, in a speech announcing the 1992 Basic Law

“The Saudi State has become a distinguished model of politics and government in modern political history.”
 
“The relationship between citizens and state officials is founded on solid and deep-rooted traditions, compassion, mutual respect and loyalty stemming from the sincere and firm convictions in the hearts of this country's people generation. There is no difference between the ruler and the ruled. They are equal before the law of God, and they are all equal in their love of this homeland and in their eagerness to maintain its safety, unity, pride and progress.”
 
Iran: The constitution lays out an idyllic vision of “an ideal and model society” based on Islam. The Islamic Republic is strongly anti-monarchical, and its political system contains a blend of democratic and theocratic elements. Its constitution draws upon French and Belgian law, while stipulating that all laws be compatible with Sharia. The government has executive, legislative, and judicial branches, but also a parallel set of Islamic institutions. Iran holds elections for the president, parliament, and Assembly of Experts (which selects the supreme leader). But all candidates must be vetted by the 12-member Guardian Council, overseen by the supreme leader.
 
Ayatollah KhomeiniIran's political system is based on Shiism. Shiites make up around 10 percent of the world's Muslims, but 90 percent of Iranians are Shiites. The split between Sunnis and Shiites dates back to the Prophet Mohammad's death in the seventh century. Shiites believed that Ali, the Prophet's son-in-law and cousin, should be his immediate successor. But Sunnis believed that the Muslim community could select a new leader without blood ties to the Prophet.
 
Iranians predominantly practice "Twelver" Shiism. Twelver Shiites believe that the twelfth imam, who disappeared in 874AD, will one day return as the Mahdi, or promised one. In Twelver Shiism, clerics can substitute for the Mahdi’s authority, and the faithful are obliged to follow their religious rulings.
 
Although the Shiite clergy were historically independent from government, Iran’s theocracy seized control of the “sacred” after the 1979 revolution and co-opted the clerical establishment. Iran’s theocratic regime has deprived the entire clerical class of its autonomy, but also made it rich and powerful. Khamenei, for example, reportedly controls a multi-billion dollar financial empire. 
 
Saudi Arabia: Like Iran’s constitution, Saudi Arabia’s Basic Law frames the political system as an ideal Islamic state. In 1992, King Fahd described Saudi Arabia as a “distinguished model of politics.”
 
Saudi Arabia is a monarchy. Extensive powers are allocated to the king, who must be a descendent of the first Saudi monarch, Abdul Aziz Ibn Saud. Political parties are banned, and the only public elections are for municipal councils.
 
Ibn SaudThe royal family has strong links to Wahhabism, a conservative branch of Sunni Islam. The relationship dates back to the 18th century. Mohammad Ibn Abd al Wahhab, founder of the Wahhabi movement, sought protection from Mohammad Ibn Saud and his tribe in 1744. In the early 20th century, Bedouin followers of Wahhabism, known as the Ikhwan, were instrumental in aiding Abdul Aziz Ibn Saud in his military campaign to unify much of the Arabian Peninsula.
 
In his teachings, Wahhab denounced popular Islamic practices, particularly those associated with Sufism, and emphasized the concept of tawhid, or oneness of God. He drew upon the teachings of 14th century scholar Ibn Taymiyya, who called for a return to the earliest forms of Islam. Wahhabis hold conservative views on gender relations, minority rights, and personal freedoms. They denounce pilgrimages to tombs – a common practice in Shiism – as polytheistic.
 
Saudi laws and regulations are rooted in Wahhabi principles, but the Saud family holds ultimate authority in the kingdom. Unlike in Iran, clerics do not play a formal role in government. But they have been incorporated into the political establishment through the Senior Council of Ulama, the kingdom’s highest religious body. The council advises the king and provides endorsements for state policies. In 2009, King Abdullah extended membership for the first time to non-Wahhabi scholars. 
 
Laws and Courts

Iran and Saudi Arabia base their court systems on Islam. They both emphasize the right of every citizen to seek justice through the courts.
 
Both have also been criticized for human rights violations. According to the U.S. State Department, both countries restrict civil liberties and engage in arbitrary arrests and detentions. Additionally, Iran and Saudi Arabia together accounted for more than 62 percent of the 607 executions recorded by Amnesty International in 20 countries in 2014. Both are on track in 2015 to have their highest execution rates in two decades. Iran and Saudi Arabia are among a handful of countries that issue the death penalty for crimes the perpetrators committed as minors.
 
 
 Iran
 
 Saudi Arabia
The Constitution
 
“Legislation setting forth regulations for the administration of society will revolve around the Qur'an and the Sunnah. Accordingly, the exercise of meticulous and earnest supervision by just, pious, and committed scholars of Islam (al-fuqaha' al-'udul) is an absolute necessity.”
 
“The judiciary is of vital importance in safeguarding the rights of the people in accordance with the line followed by the Islamic movement, and the prevention of deviations within the Islamic nation. Provision has therefore been made for the creation of a judicial system based on Islamic justice and operated by just judges with meticulous knowledge of the Islamic laws.
 
Article 32
“No one may be arrested except by the order and in accordance with the procedure laid down by law…
 
Article 34
“It is the indisputable right of every citizen to seek justice by recourse to competent courts. All citizens have right of access to such courts, and no one can be barred from courts to which he has a legal right of recourse.
 
Article 35
“Both parties to a lawsuit have the right in all courts of law to select an attorney, and if they are unable to do so, arrangements must be made to provide them with legal counsel.”
 
 
 
The Basic Law of Governance
 
Chapter 6, Article 48
The Courts shall apply rules of the Islamic Sharia in cases that are brought before them, according to the Holy Qur'an and the Sunna, and according to laws which are decreed by the ruler in agreement with the Holy Qur'an and the Sunna.
 
Chapter 6, Article 55
The King shall rule the nation according to the Sharia. He shall also supervise the implementation of the Sharia, the general policy of the State, and the defense and protection of the country.
 
Chapter 5, Article 26
The State shall protect human rights in accordance with the Sharia.
 
Chapter 6, Article 46
The Judiciary is an independent authority. The decisions of judges shall not be subject to any authority other than the authority of the Islamic Sharia.
 
Chapter 6, Article 47
All people, either citizens or residents in the Kingdom, are entitled to file suit on an equal basis. The Law shall specify procedures for this purpose.
 
 
 
 
Iran: The legal system includes many layers of civil, criminal and military courts. But it also has two sets of tribunals outside of the judiciary, the Revolutionary Courts and the Special Court for the Clergy. The latter has been used as a political tool to silence clerics who urge reform or challenge the regime.
 
Amputation, flogging and stoning to death are all legal according to Iran’s penal code. The code’s latest iteration, which entered into force in 2013, “now omits references to apostasy, witchcraft and heresy, but continues to allow for juvenile executions,” according to a U.N. report.
 
Iran’s most significant human rights problems include restrictions on civil liberties, arbitrary detentions, and torture, according to the U.S. State Department.
 

Iran ranks second in the world for executions, behind China. The death penalty applies to a wide range of crimes, including drug-related offenses, adultery, rape, sodomy, and insulting the Prophet Mohammad. Iran has seen a sharp rise in executions during the past few years. The government announced 289 executions in 2014, but there may have been hundreds more that were not formally acknowledged, according to Amnesty International. More than 800 people were executed between January and October 2015, putting Iran on track to have its highest execution rate in 25 years.

Saudi Arabia: The king acts as the head of the legal system and the final court of appeals. The High Court is the highest judicial authority in the kingdom.
 
The kingdom has three types of courts:
  1. Sharia courts, which are the largest network of courts and hear the most cases
  2. The Board of Grievances, which manages cases that involve the government
  3. Committees in government ministries that address specific issues, such as labor disputes
 
Courts are required to issue rulings in accordance with Sharia. But Saudi Arabia does not have a formal penal code, so judges have flexibility to issue a wide range of convictions on charges such as “breaking allegiance with the ruler,” according to Human Rights Watch. Lashing, stoning, and amputations have been doled out as punishments.
 
Saudi Arabia restricts the rights of women, children, and non-citizens. Violations of due process, arbitrary arrests, and torture are common. Suspects are sometimes held for months or even years without facing trial. Saudi authorities have imprisoned human rights activists and political dissidents for peaceful activities.
 

Saudi Arabia ranks third in the world for executions. Less than half of death penalty cases are for murder, with the rest for crimes such as non-violent drug offenses and sorcery. At least 90 people were executed in 2014, and 151 were executed between January and November 2015 – the highest recorded figure in two decades. 

International Relations

Both Iran and Saudi Arabia have sought to export their brands of Islam throughout the Muslim world. The two countries are vying for regional dominance by backing rival armed groups across the Middle East and South Asia.
 
 
 Iran
 
 Saudi Arabia
The Constitution
 
Preamble 
“With due attention to the Islamic content of the Iranian Revolution…the Constitution provides the necessary basis for ensuring the continuation of the Revolution at home and abroad. In particular, in the development of international relations, the Constitution will strive with other Islamic and popular movements to prepare the way for the formation of a single world community…and to assure the continuation of the struggle for the liberation of all deprived and oppressed peoples in the world.’”
 
Supreme Leader Ayatollah Ali Khamenei, in a speech on Nov. 2, 2015
“In the Constitution, Islam sets the criterion for foreign policy. Therefore, taking a stance vis-à-vis different countries and issues must lie within a religious framework.” 
 
The Basic Law of Governance
 
Chapter 5, Article 23
The State shall protect the Islamic Creed, apply the Sharia, encourage good and discourage evil, and undertake its duty regarding the Propagation of Islam (Da'wa).
 
 
 
 
 
 
 
 

 

Iran: In the revolution’s early days, Iran sought to export its revolutionary ideology to both Sunnis and Shiites. “We shall export our revolution to the whole world,” Ayatollah Ruhollah Khomeini pledged. “Until the cry ‘there is no god but God’ resounds over the whole world, there will be struggle.”
 
The theocracy has actually had little success in exporting its Islamic revolution. Tehran funds the activities of clerics trained in the holy city of Qom and promotes its brand of Islam in Shiite communities across the world. But the strength of Iran’s soft power is debatable. After the devastating war with Iraq from 1980-1988, Tehran scaled back efforts to export its revolution.
 
Hezbollah IRGCIran has had much more success assisting armed organizations that share its goals and values. It has cultivated spheres of influence in Shiite communities, particularly in Iraq and Afghanistan, and aided Palestinian Islamic groups Hamas and Islamic Jihad and Hezbollah in Lebanon. Iran reportedly sends Hezbollah between $100 million and $200 million per year, and has sent Hamas as much as $300 million per year, according to the Congressional Research Service. But precise figures are not known.
 

The goal of these relationships, however, has not been to gain territory. Iran’s only territorial disputes are with the United Arab Emirates over three small Gulf islands.

Saudi Arabia: The kingdom did little to export Wahhabism beyond its borders during its first few decades of existence. But in 1979, Saudi leaders felt their dominance in the Islamic world challenged by the Iranian revolution, which provided an alternative model of Islamic governance.
 

Hamas flag

Since the 1980s, Saudi Arabia has reportedly spent at least $100 billion exporting Wahhabism to Muslim countries around the world through missionaries, building mosques and schools, media outreach, and other activities. The kingdom sent nearly $4 billion in aid to the mujahideen in Afghanistan in the 1980s, according to the Council on Foreign Relations. Loosely monitored Saudi-based charities have reportedly funded Sunni militant groups such as al Qaeda, the Taliban, and Hamas. 
 
Saudi leaders have been criticized for their links to hardline Wahhabi doctrine, which has been adopted by extremist groups. These groups have also become a domestic threat. ISIS claimed responsibility for a series of attacks on Shiite mosques in Saudi Arabia May, August, and October 2015.
 
In 2014, the late King Abdullah put pressure on top clergy to denounce militant groups like ISIS and al Qaeda. In an effort to contain extremist currents, the government has promoted moderate clergy to key positions and even opened up the country’s top clerical council to non-Wahhabis.
 
Photo credits: Hezbollah logo via Wikimedia CommonsHamas flag by Bluedenim [CC-BY-3.0 (http://creativecommons.org/licenses/by-sa/3.0/)], via Wikimedia Commons 

Part 3- Iran v Saudi Arabia: Leadership 

Cameron Glenn

Current leaders

Both Iran and Saudi Arabia are ruled by leaders with virtually unchecked authority. Ayatollah Ali Khamenei has been Iran's supreme leader since 1989, and King Salman has ruled Saudi Arabia since January 2015.
 
 
 Iran
 
 Saudi Arabia
Supreme Leader Ayatollah Ali Khamenei 
 
Ayatollah Ali KhameneiBorn in 1939 to a traditional family, Ali Khamenei followed in his father’s footsteps and became a cleric. He joined the struggle against the monarchy in the 1960s and spent several years in prison before the 1979 revolution. 
 
Khamenei’s sacrifices for the Islamic revolution and close relationship with Ayatollah Ruhollah Khomeini helped him to attain power within the new government. He served as president for two terms from 1981 to 1989. When Khomeini died in 1989, he left no designated successor. Khamenei was selected by the Assembly of Experts as the second supreme leader, despite the objection of some senior clerics who felt he lacked the theological credentials.    
  
Khamenei still upholds the revolutionary and anti-Western narrative of the 1979 revolution. The United States and its allies, especially Israel, are trying to undermine Iran and the progress of Muslim nations, according to his worldview. 
 
Click here for more information on Khamenei.
King Salman bin Abdul Aziz
 
King SalmanKing Salman was born in Riyadh in 1935. He was one of seven sons of Abdul Aziz Ibn Saud and Hussa bint Ahmad Sudairi. He studied religion and modern science at the Prince’s School in Riyadh, which was established by King Abdul Aziz to educate his sons.
 
He served as Governor of Riyadh from 1955 to 1960 and 1963 to 2011, overseeing the city’s evolution into a major metropolis. He was appointed as Minister of Defense in 2011, and became the Crown Prince in 2012.
 
King Salman ascended the throne in January 2015, at the age of 79, after the death of his brother King Abdullah. King Salman has suffered at least one stroke, and rumors have circulated about his ailing health. He appointed Muqrin bin Abdulaziz as Crown Prince, the youngest living son of King Abdul Aziz, but later replaced him with his nephew, Interior Minister Mohammad bin Nayef. King Salman’s 30-year-old son, Prince Mohammed bin Salman, is theDeputy Crown Prince and Minister of Defense.
 
King Salman is conservative and has cautioned that “social and cultural factors” prevent reforms from moving too quickly in the kingdom.
 
 

 

Qualifications and Selection

Both Iran and Saudi Arabia emphasize moral qualities in selecting their leaders, and both emphasize that there is no difference between the ruler and the ruled. But the two differ fundamentally on the leader’s qualifications and selection process.
 
 
 Iran
 
 Saudi Arabia
The Constitution
 
Article 109 
Following are the essential qualifications and conditions for the Leader: 
 
•a. scholarship, as required for performing the functions of mufti in different fields of fiqh. 
•b. Justice and piety, as required for the leadership of the Islamic Ummah [nation]. 
•c. right political and social perspicacity, prudence, courage, administrative facilities and adequate capability for leadership. 
 
In case of multiplicity of persons fulfilling the above qualifications and conditions, the person possessing the better jurisprudential and political perspicacity will be given preference.
 
Article 107
“The Leader thus elected by the Assembly of Experts shall assume all the powers of the wilayat al-amr and all the responsibilities arising therefrom. The Leader is equal with the rest of the people of the country in the eyes of law.”
 
Article 5
During the Occultation of the Wart al-'Asr (may God hasten his reappearance), the wilayah and leadership of the Ummah devolve upon the just ['adil] and pious [muttaqil faqih, who is fully aware of the circumstances of his age; courageous, resourceful, and possessed of administrative ability, will assume the responsibilities of this office in accordance with Article 107.
 
Article 111
Whenever the Leader becomes incapable of fulfilling his constitutional duties...or it becomes known that he did not possess some of the qualifications initially, he will be dismissed.
 
The Basic Law of Governance

Chapter 2, article 5
•  Rulers of the country shall be from amongst the sons of the founder King Abdulaziz bin Abdulrahman Al-Faisal Al-Saud, and their descendants.
•  The most upright among them shall receive allegiance according to Almighty God's Book and His Messenger's Sunna (Traditions).
 
Chapter 2, Article 6:
In support of the Book of God and the Sunna of His Messenger (PBUH), citizens shall give the pledge of allegiance (bay'a) to the King, professing loyalty in times of hardship and ease. 
 
 
Article 6
When the king dies, the Allegiance Commission shall call for swearing allegiance to the Crown Prince as a king of the country in accordance with this statute and the Basic Law of the Government.
 
Article 7
After the swearing of allegiance and after consultations with the Allegiance Commission members, the king shall choose one, two, or three candidates whom he deems suitable for the position of Crown Prince. He shall present this choice to the Allegiance Commission. The commission must endeavor to nominate one of these candidates by consensus to be named Crown Prince. In case the Allegiance Commission does not nominate any of these, it shall nominate whom it thinks would be suitable to become Crown Prince.
 
King Fahd’s speech accompanying the 1992 Basic Law

“There is no difference between the ruler and the ruled. They are equal before the law of God.”
 
Iran: Leadership is based on the Shiite concept of velayat-e faqih, or “guardianship of the jurist.” The supreme leader is empowered to provide political and religious leadership in the absence of the 12th imam. The 86-member Assembly of Experts is a body of clerics tasked with appointing the supreme leader based on his scholarship, justice, and piety. The body can also theoretically supervise and remove the supreme leader if he is not fulfilling his duties. In practice, the council rarely challenges or criticizes the supreme leader. 
 
Saudi Arabia: The Basic Law stipulates that the king must be chosen from Abdul Aziz’s sons and their male descendants. When a king dies, he is succeeded by the Crown Prince. In 2006, King Abdullah issued a royal decree creating the Allegiance Council, a committee of princes from each line of the Saud family responsible for issues of succession. The council is tasked with approving the king’s choice for Crown Prince within 30 days of acceding the throne. It is also responsible for transferring power if the king is unable to continue his duties for medical reasons.
 
Duties

Both Iran’s supreme leader and Saudi Arabia’s king hold substantial authority over other branches of government. Both are tasked with ruling according to Islam.
 
 
 Iran
 
 Saudi Arabia
The Constitution
 
Preamble
The Constitution provides for the establishment of leadership by a faqih possessing the necessary qualifications...Such leadership will prevent any deviation by the various organs of State from their essential Islamic duties.
 
Article 110
Following are the duties and powers of the Leadership:
 
1.Delineation of the general policies of the Islamic Republic of Iran after consultation with the Nation's Exigency Council.
 
2.Supervision over the proper execution of the general policies of the system.
 
3.Issuing decrees for national referenda.
 
4.Assuming supreme command of the armed forces.
 
5.Declaration of war and peace, and the mobilization of the armed forces.
 
6.Appointment, dismissal, and acceptance of resignation of:
a. the fuqaha on the Guardian Council.
b. the supreme judicial authority of the country.
c. the head of the radio and television net- work of the Islamic Republic of Iran.
d. the chief of the joint staff.
e. the chief commander of the Islamic Revolution Guards Corps.
f. the supreme commanders of the armed forces.
 
7.Resolving differences between the three wings of the armed forces and regulation of their relations.
 
8.Resolving the problems, which cannot be solved by conventional methods, through the Nation's Exigency Council.
 
9.Signing the decree formalizing the election of the President of the Republic by the people...
 
10.Dismissal of the President of the Republic, with due regard for the interests of the country...
 
11.Pardoning or reducing the sentences of convicts, within the framework of Islamic criteria, on a recommendation [to that effect] from the Head of judicial power.
 
The Basic Law of Governance
 
Chapter 6, Article 55:
The King shall rule the nation according to the Sharia. He shall also supervise the implementation of the Sharia, the general policy of the State, and the defense and protection of the country.
 
Chapter 6, Article 56:
The King is the Prime Minister. Members of the Council of Ministers shall assist him in the performance of his mission...
 
Article 57:
The King shall appoint and relieve deputies of the Prime Minister and member minister of the Council by Royal Decree.
 
Deputies of the Prime Minister and member ministers of the Council shall be jointly responsible to the King for the implementation of the Sharia, laws and the general policy of the State.
 
The King is entitled to dissolve and reconstitute the Council of Ministers.
 
Article 58:
The King shall appoint those who are at the rank of ministers and deputy ministers, and those who are at the highest grade and relieve them by a Royal Decree as provided by the Law. Ministers and heads of independent departments shall be answerable to the King in respect of the ministries and agencies they head.
 
Article 60:
The King is the Supreme Commander of the Armed Forces. He shall appoint and dismiss officers form service, as provided by terms of the Law.
 
Article 61:
The King shall announce any state of emergency or general mobilization and shall declare war. The Law shall specify rules for this purpose.
 
Article 68:
 ...The King may dissolve and reconstitute Majlis Ash-Shura.
 
Article 69:
The King may summon Majlis Ash-Shura and the Council of Ministers for a joint session...
 
Article 70:
Laws, international agreements, treaties and concessions shall be approved and amended by Royal Decrees.
Iran: Supreme Leader Khamenei holds constitutional authority or significant influence over all branches of government, the military, and the judiciary. He oversees the 12-member Guardian Council, which vets electoral candidates and can veto parliamentary decisions. Khamenei also has authority over Iran’s largely state-owned economy, and has discretionary authority over oil revenues.  
 
Saudi Arabia: Extensive powers are allocated to King Salman, who is the “ultimate arbiter” of the executive, legislative, and judicial branches, according to the Basic Law. The king acts as prime minister and head of the armed forces. He has authority to appoint members of the Council of Ministers and the Majles al Shura, or consultative council. He also holds the title of Custodian of the Two Holy Mosques in Mecca and Medina, two of the most important sites in Islam.

Katayoun Kishi

Women

Women in Iran and Saudi Arabia face political, social, and economic discrimination. Rhetorically, Iranian and Saudi leaders often defend women’s rights, and the two countries have even taken steps to include women in political life. Saudi Foreign Minister Adel al Jubeir claimed in 2015 that "Women in Saudi Arabia are way ahead of women in other developing countries.” In 2014, Iranian President Hassan Rouhani said that “Women must enjoy equal opportunity, equal protection, and equal social rights.”
But in practice, women in both countries are largely absent from high-level political positions, are restricted in marriage, divorce, and citizenship rights, and face discrimination in the workforce and universities.
 
Iran's constitution is more explicit than the Saudi Basic Law about women’s rights. Saudi laws rely heavily on judicial interpretations of Sharia law, making it difficult to protect against discrimination. In both countries, however, discriminatory practices continue despite legal attempts at equality.
 
Women
 
 Iran
   Saudi Arabia
The Constitution
 
Article 20
“All citizens of the country, both men and women, equally enjoy the protection of the law and enjoy all human, political, economic, social, and cultural rights, in conformity with Islamic criteria."
 
Article 21
“The government must ensure the rights of women in all respects, in conformity with Islamic criteria, and accomplish the following goals:
“1. create a favorable environment for the growth of woman's personality and the restoration of her rights, both the material and intellectual;
“2 .the protection of mothers, particularly during pregnancy and childrearing, and the protection of children without guardians;
“3. establishing competent courts to protect and preserve the family;
4. the provision of special insurance for widows, and aged women and women without support;
5. the awarding of guardianship of children to worthy mothers, in order to protect the interests of the children, in the absence of a legal guardian.
 
Article 638
Anyone in public places and roads who openly commits a harām (sinful) act, in addition to the punishment provided for the act, shall be sentenced to two months’ imprisonment or up to 74 lashes; and if they commit an act that is not punishable but violates public prudency, they shall only be sentenced to ten days to two months’ imprisonment or up to 74 lashes.
 
Preamble
It is only natural that women should benefit from a particularly large augmentation of their rights, because of the greater oppression that they suffered under the Taghuti [idolatrous] regime.”
 
“The family is the fundamental unit of society and the main center for the growth and edification of human being…This view of the family unit delivers woman from being regarded as an object or as an instrument in the service of promoting consumerism and exploitation. Not only does woman recover thereby her momentous and precious function of motherhood, rearing of ideologically committed human beings, she also assumes a pioneering social role and becomes the fellow struggler of man in all vital areas of life. Given the weighty responsibilities that woman thus assumes, she is accorded in Islam great value and nobility.”
 
Islamic Penal Code of the Islamic Republic of Iran –Book Five

“Women, who appear in public places and roads without wearing an Islamic hijab [veil], shall be sentenced to ten days to two months’ imprisonment or a fine of fifty thousand to five hundred Rials."
King Abdullah, Sep. 25, 2011

“Because we refuse to marginalize women in society in all roles that comply with sharia, we have decided, after deliberation with our senior ulama [clerics] and others... to involve women in the Shura Council as members, starting from the next term [2015]…Women will be able to run as candidates in the municipal election and will even have a right to vote.”

Royal Order A/44, Jan. 11, 2013

“The Shura Council shall consist of a Speaker and one hundred and fifty members chosen by the King from amongst scholars, those of knowledge, expertise and specialists, provided that women representation shall not be less than (20%) of members’ number.”
 
“Women, selected as members of the Shura Council, will enjoy full rights of membership, be committed to their duties, responsibilities and assume their jobs. As per the introduction of this order, women, who are members of the Shura Council, will be asked to strictly follow the Islamic Sharia regulations, without any kind of violation, including the Sharia head and face covers (Hijab). In particular, the following points should be observed:
 
1- A special seating place will be allocated for women of the Shura Council, a special entrance and exit to and from the Council main hall will also be constructed and all relevant things in complete non-touch with men.
 
2- Special places will be allotted for women, guaranteeing complete isolation from those allotted for men, including special offices for them and for their workers and helpers, e.g. special appliances and services and prayer places."
 
Fatwa from Sheikh Abdul Aziz bin Abdullah bin Baz, former chairman of the Senior Council of Ulama

“There is no doubt that such [driving] is not allowed. Women driving lead to many evils and negative consequences. Included among these is her mixing with men without her being on her guard. It also leads to the evil sins due to which such an action is forbidden.”
 
From a Saudi Labor Law

“It is forbidden…the employment of women in hazardous work or harmful industries.”
 
“The system also prohibits the employment of women at night and for more than eleven consecutive hours.”
 
“The system gives working women the right to maternity leave for 10 weeks.”
 
“In addition to maternity leave, women have the right to enjoy all kinds of leave guaranteed by the Labor law including annual leave, sick leave, marriage leave and leave on the status of the deceased spouses or relatives, leave to perform Hajj, leave to perform examinations affiliated with an educational institution, and finally the worker's right.”

Participation in government

Women in Iran serve in parliament and hold high positions in government ministries. Nine women were elected to Parliament in 2012. In 2013, President Rouhani reappointed Masoumeh Ebtekar as a Vice President of Iran. But all of the approximately 30 women who registered as candidates for the 2013 presidential election were disqualified by the Guardian Council.
 
 
In Saudi Arabia, women’s roles in government are limited. King Abdullah announced in 2011 that women could become members of the Shura Council, an advisory body to the king. But only a few women hold high level government positions, primarily in the health, education, and social services sectors. Despite the lack of an explicit ban on women’s voting in the 2004 electoral law, women were turned away from the polls in the 2005 municipal elections due to a lack of separate voting booths for women’s use.
 
In the December 2015 municipal elections, however, Saudi women ran as candidates and cast their votes for the first time. Around 130,000 women registered to vote, and 19 women were elected.

Family matters

In Iran, despite protections outlined in the constitution, women face serious discrimination, especially in matters related to marriage, divorce, inheritance and child custody. A woman, regardless of her age, needs her male guardian’s consent for marriage.
 
Child marriage, though uncommon, is not illegal. The legal age of marriage is 13 for girls and 15 for boys. A judge can grant permission for children to marry at even younger ages.
 
Women cannot automatically transfer their citizenship to their children or spouses. In 2015, Parliament rejected a law that would have granted naturalization rights for children of Iranian mothers and foreign fathers.
 
A woman must have the permission of her father, grandfather, or the court to marry, regardless of her age. Legally, men may have up to four wives. A woman must receive her husband’s approval for divorce, but the husband may request a divorce for no cited reason. Islamic alimony or shared property laws are not enforced. The husband is given custody of children over seven years old unless he is deemed unfit to care for them. Divorced women who remarry must surrender custody of their children to the father.
 
 
 
In Saudi Arabia, laws do not prohibit discrimination based on gender, and informal guardianship laws make women legal dependents of close male relatives. Legal matters involving women are decided by Islamic courts that cite Sharia law and conservative traditional practices as the basis for their decisions. Female testimony in court is worth half as much as male testimony.
Women of all ages need a male guardian or judge’s permission for marriage.
 
They require government approval to marry non-citizens and are prohibited from marrying non-Muslims. Women must show a legal basis for divorce, while men are not required to do so. Custody of children is granted to the divorced husband or the deceased husband’s family after boys reach seven years old and girls reach nine years old.
 
Child marriage is uncommon and largely limited to rural areas, but not illegal. Girls as young as 10 years old can marry, based on Sharia law. Some government officials, however, have called for a minimum marriage age. The government requires the bride’s age on the marriage license, and marriage registrars have reportedly been told not to approve marriages involving children.
 
Citizenship is transferred to children paternally. A child that is born to an unwed mother is not legally affiliated with the father and is therefore “stateless.”  Children can be denied citizenship if the father fails to report the birth.

Education and Careers

Women make up some 60 percent of university students in Iran. Yet quotas and restrictions limit subjects women can study, notably medicine and engineering.
 
In the workplace, women reportedly earn about 61 percent as much money as men in similar jobs. The law does not require equal pay for equal work. Women must have a man’s consent to work outside the home. Only 16 percent of the workforce is female, according to a U.N. estimate.
 
 
 
 
 
 
 
Women make up 58 percent of all university students in Saudi Arabia. They are typically segregated from male students and often do not have access to the same university facilities or library resources as their male counterparts. Universities limit the number and types of courses available to women. In some cases, a male guardian’s approval is needed to register for classes or apply for academic internships.
 
Many businesses will not hire women without approval from a male guardian. Businesses also face disincentives to hire women, leading to an unemployment rate that is three times higher than male unemployment. Women are required to work in separate facilities from male workers, which creates extra costs. Women are unable to interact with government agencies without a male representative. And employers may have to coordinate female employees’ transportation.

Violence against women

In Iran, rape is illegal and subject to harsh penalties, including execution. But the government reportedly does not enforce the law effectively. Spousal rape is not addressed as sex within marriage is considered consensual. Rape is often underreported for fear of ostracism, charges of indecency, or being found to have made a false accusation. The law requires four male Muslim witnesses or a combination of three male and two female witness to make a conviction.
 
Iran’s laws do not specifically prohibit domestic violence. Little data is available, but a 2011 University of Tehran study suggested that a woman was physically abused every nine seconds in Iran.
 
In Saudi Arabia, rape is prohibited under Sharia law, but many rape cases go unreported because of social stigmas, consequences for marriage prospects, or accusations of adultery. Spousal rape is not recognized as a crime.
 
Domestic violence is also underreported, as women are required to have a male guardian’s permission to file a criminal complaint, even if that complaint is against the guardian. 
 
Some estimates say 16-50 percent of wives are abused. There is no single government definition of domestic violence, so enforcement is varied across government organizations.
 
 

Freedom of movement

In Iran, women must have their guardian or husband’s permission to obtain a passport. Married women can be banned by their husbands from leaving the country. Divorced and single women do not need a guardian’s permission to travel abroad.
 
 
 
In Saudi Arabia, women are not allowed to travel without the permission of a male guardian. When travelling without a guardian, women must show travel cards that indicate the number of trips and travel days that have been approved by the guardian. They also need a guardian’s permission to obtain a passport. Although there is not an official government ban on women driving, it is “universally understood” to be prohibited, according toHuman Rights Watch

Dress code

Iran lacks a clear definition of appropriate dress for women. Hijab literally means covering and could describe many different types of clothing. Some women wear traditional chadors, while others boldly express themselves. The prevalence of leggings led lawmakers to summon the interior minister in June 2014 to questioning on lax implementation of dress codes. Women risk being fined or sentenced to lashings based on the opinion of male and female members of the Basij militia who enforce the dress code on the street.
 
The dress code, however, does not prevent female athletes from participating in international competitions. Eight out of 53 of Iran’s competitors at the 2012 Olympics were female. Supreme Leader Ayatollah Ali Khamenei has said Iranians should be proud of female athletes who make it to the medal podium wearing hijab. President Hassan Rouhani has congratulated female athletes on their accomplishments several times.
 
While there are no explicit laws dictating women’s dress in Saudi Arabia, courts enforce Islamic cultural norms of wearing an abaya (a loose-fitting, full-length black cloak that covers the entire body) in public, and covering the hair with a head scarf. While the face does not necessarily need to be covered, women can be reprimanded by religious police (Mutaween) for showing too much flesh or wearing too much makeup.
 
Saudi women participated in the Olympics for the first time in 2012. They competed wearing Sharia-approved athletic clothing.
 
 
 
 
 
 
 
 
 
Minorities

Religious minorities in Iran and Saudi Arabia experience varying levels of mostly unofficial discrimination. In Iran, some laws explicitly recognize the rights of minority groups like Sunni Muslims, Jews, and Christians, but these groups often find it difficult to practice their faith in public or advance in government positions. Saudi Arabia’s Basic Law identifies Sunni Islam as the official state religion, and minorities practicing other sects of Islam or religions are often persecuted. These groups are prevented from gathering in public to practice their faith and are rarely included in high-level government or military positions. 
 
Iran
Saudi Arabia
The Constitution
 
Article 12
Other Islamic schools, including the Hanafi, Shafi'i, Maliki, Hanbali, and Zaydi, are to be accorded full respect, and their followers are free to act in accordance with their own jurisprudence in performing their religious rites.
 
Article 13
Zoroastrian, Jewish, and Christian Iranians are the only recognized religious minorities, who, within the limits of the law, are free to perform their religious rites and ceremonies, and to act according to their own canon in matters of personal affairs and religious education.
 
Article 14
In accordance with the sacred verse ("God doesn't forbid you to deal kindly and justly with those who have not fought against you because of your religion and who have not expelled you from your homes" [60:8]), the government of the Islamic Republic of Iran and all Muslims are duty-bound to treat non-Muslims in conformity with ethical norms and the principles of Islamic justice and equity, and to respect their human rights. This principle applies to all who refrain from engaging in conspiracy or activity against Islam and the Islamic Republic of Iran.
The Basic Law of Governance
 
Article 1
The Kingdom of Saudi Arabia is a sovereign Arab Islamic State. Its religion is Islam. Its constitution is Almighty God's Book, The Holy Qur'an, and the Sunna (Traditions) of the Prophet (PBUH). Arabic is the language of the Kingdom. The City of Riyadh is the capital.    
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Iran: The Islamic Republic does not differentiate between Sunni and Shiite Muslims in reporting statistics. But Sunnis are thought to number between 4 and 8 million, or five to 10 percent of the population. Sunnis reportedly face discrimination and restrictions on building mosques and schools. Marginalization of Sunnis in Balochistan led to the formation of Jundallah, an armed separatist group, in the early 2000s. Sunnis in Iran are from several ethnicities, such as Baloch, Arab and Kurd.
 
Christians, Jews and Zoroastrians collectively make up less than one percent of Iran’s population. Yet they are guaranteed places in the 290-seat parliament proportionate to the size of their communities:
  • Two seats for Armenian Christians,
  • One for Assyrian and Chaldean Christians,
  • One for Jews,
  • One for Zoroastrians.
But minorities reportedly still face discrimination in education, employment and property ownership. Authorities also sometimes charge them for moharebeh (enmity against God), “anti-Islamic propaganda” or threatening national security for their religious activities.
But Iran’s largest religious minority, the Baha’is, are not protected under the law or allowed to practice their faith. They reportedly number up to 350,000 and are considered apostates by the state.  
 
Other Christians not associated with an ethnic group, such as Protestants, are not represented in parliament. And conversion from Islam is punishable by death under the law. So proselytization is banned.

Iran minorities map
 
Saudi Arabia: The Saudi government does not conduct a census on religious affiliation, but it is estimated that 85-90 percent of the population are Sunnis while 10-15 percent are Shiites. But public expressions of faith that are not consistent with Sunni Islam are not permitted, and non-Muslims are not allowed citizenship.
 
In 2003, the Saudi government instituted the King Abdulaziz Center for National Dialogue to “facilitate dialogue among various sections of the society.” Shiites, other minorities, and women were among the 70 people appointed to the dialogue, but the results have been minimal. Small, peaceful Shiite protests took place in 2012, demanding the release of some Shiite prisoners. Authorities arrested and detained 160 of the protestors.
 
There has been some movement toward including Shiites in government. Seven or eight members of the 150-member Shura Council are Shiites. In June 2014, King Abdullah appointed a Shiite as Minister of State.
 
It is illegal to discriminate based on race, but societal discrimination against minorities still exists. Bedouins are unofficially barred from high-level cabinet positions and military ranks above major general. The Ismaili religious minority also faces discrimination, as they are excluded from high-level government positions and can be prosecuted for practicing their religion publicly. While Ismailis can participate in the military, advancement is rare because they are regularly excluded from officer colleges. 
 
Saudi Arabia does not have a written penal code, and judges are allowed to make rulings based on Sunni interpretations of Sharia law. The punishments for blasphemy can range from lashings to death, depending on the judge.