
Saudi Arabia is one of the world’s largest economies, yet wealth does not guarantee that everyone shares in its security. This article examines fragility and the rule of law in Saudi Arabia. Here, fragility does not mean state collapse. It means the gaps in legal protection and enforcement that leave some people exposed to economic hardship, even in a country with abundant resources.
Migrant workers and women face the sharpest version of this problem. For migrant workers, weak or uneven enforcement can mean unpaid wages and few options for redress. For women, family law and guardianship rules still shape financial decisions, even after significant reforms. Understanding the rule of law in Saudi Arabia is essential to seeing where reform is working and where it must go further.
The Legal System
Saudi Arabia’s legal system is in transition. For most of the kingdom’s history, courts applied uncodified Sharia, and judges relied on individual interpretations. Under Vision 2030, large parts of the system are now written down. Labor Law covers most private-sector employment. The Personal Status Law, passed in March 2022, governs family matters. The Civil Transactions Law was issued in June 2023 and took effect that December.
Criminal law is the notable gap. As of February 2026, the rights group ALQST reported that a Penal Code of Discretionary Sanctions, originally due in 2022, had still not passed. A draft leaked in 2022 and Amnesty International analyzed it in a March 2024 report. Amnesty argued that the draft would write existing repressive practices into law and contravene international law. The Saudi Human Rights Commission denied the leaked draft’s authenticity and told Amnesty that a draft code was under legislative review. Codification alone does not guarantee better protection. It depends on what the written rules say.
Economic security depends on being able to anticipate how the law will treat individuals. When legal rules or their enforcement are uncertain, workers, tenants and small business owners cannot easily know their rights or judge whether a dispute is worth pursuing. Accountability matters just as much. Without reliable ways to hold employers and officials answerable, even well-written protections go unenforced, and the people with the least bargaining power bear the cost.
Rule of Law and Legal Insecurity in Saudi Arabia
The people most exposed to weak legal protection are those with the least power to enforce their rights. By mid-2024, the General Authority for Statistics (GASTAT) estimated that non-Saudi residents numbered about 15.7 million, or 44.4% of the kingdom’s 35.3 million people. Those figures count residents, not workers, and include families. Al Jazeera’s March 2026 account lists Bangladesh, India, Pakistan, Yemen, Egypt and Sudan as the largest foreign-resident groups. Many migrant workers are employed in construction, domestic work and other low-wage sectors.
Under the kafala (sponsorship) system, a worker’s legal status has traditionally been tied to a single employer. A March 2017 regional report from the International Labour Organization and Amnesty International describe recurring problems, including unpaid or delayed wages, passport confiscation and recruitment debts that leave workers unable to leave an abusive job. Because these workers often send most of their earnings home, a single case of wage theft can push both a worker and a remittance-dependent family deeper into poverty.
Women face a different form of legal insecurity. Guardianship rules have been loosened, but Human Rights Watch and Amnesty International both argue that the 2022 Personal Status Law codified male guardianship in marriage, divorce and decisions about children. Amnesty adds that the law disadvantages women economically when a marriage ends. These are criticisms from rights groups, not findings of a court.
For both groups, access to justice is the common weak point. Independent labor organizing is restricted, legal aid is limited, and many workers fear retaliation, including the loss of a job or residency, if they report abuse. A right that cannot be enforced offers little protection, so the burden of insecurity falls on those least able to absorb it.
Reforms for Workers
Saudi Arabia has taken real steps to loosen employers’ legal hold over migrant workers, but each reform has limits on who it covers.
The 2021 Labor Reform Initiative. The Jones Day analysis cited here was written in December 2020, before implementation. It describes reforms taking effect on March 14, 2021, for employment that the Labor Law covered. Under them, workers can leave a job without the employer’s consent when a contract expires. Before expiry, they can leave after one year in the country with 90 days’ notice. Workers can also change jobs within the first year in certain circumstances. Exit and re-entry requests moved onto a government platform, though authorities may deny exit where debts or fines are outstanding. The same article notes that domestic and agricultural workers, among others, are governed by separate laws and that it was unclear whether the reforms would reach them. The ILO says domestic workers make up about 30% of the foreign workforce and are excluded from Labor Law protections. As a result, the reform is not unrestricted mobility for all migrant workers.
Domestic-worker wage transfers. Separately, the Ministry of Human Resources and Social Development has required electronic salary transfers for domestic workers in stages. The final stage, effective Jan. 1, 2026, covers all employers. Transfers run through banks and digital wallets approved by the Musaned platform, with the aim of documenting that wages were paid. The ministry’s announcement describes a record-keeping and transparency measure. It does not say that the requirement itself gives a worker a fast enforcement route for unpaid wages.
The Unified Employment Contract Initiative. A different measure makes the wage clause of certain documented contracts directly enforceable. According to Clyde & Co, it launched in stages from October 2025. It applies only to contracts documented on the Qiwa platform and verified with an execution number issued through the Ministry of Justice. Workers can file for enforcement through the Najiz platform after 30 days of full non-payment, or 90 days of partial payment. Employers then have five days to comply before sanctions begin. Clyde & Co describes three phases, with the last, covering open-ended contracts, scheduled from Aug. 6, 2026. It does not say domestic workers’ contracts fall within this route.
Amnesty’s report covering 2025 says kafala continued to restrict workers’ ability to change jobs or leave the country despite limited reforms.
Reforms for Women
Since 2019, women over 21 have been able to obtain passports and travel without a guardian’s permission, and women over 18 can register births, marriages and divorces.
Several of the women who campaigned for these changes have been released from prison but remain restricted. Amnesty’s report covering 2025 says Loujain al-Hathloul and Maryam al-Otaibi remained under travel bans after imprisonment, and that Salma al-Shehab was released in February 2025 after serving four years of a 27-year sentence. Whether these gains will reduce poverty depends on enforcement, and laws that exist on paper only help people who can use them.
Solutions
Monitoring by the ILO and human rights organizations helps show where laws are and are not being applied, and gives workers an independent record to point to. The ILO’s own assessment, in November 2020, was that the announced reforms had potential when fully implemented and that monitoring would be key.
On June 4, 2025, workers’ delegates from 36 countries filed a complaint under Article 26 of the ILO Constitution. It alleges that Saudi Arabia has failed to implement ratified ILO conventions, citing forced labor, wage theft, abuse and discrimination affecting migrant workers under kafala. The ILO Governing Body, a supervisory body of government, employer and worker representatives, not a court, declared the complaint receivable in November 2025. It did so only for the Forced Labour, Protection of Wages and Discrimination Conventions (Nos. 29, 95 and 111), because Saudi Arabia has not ratified the others originally cited.
Saudi Arabia asked that the complaint be dismissed. Human Rights Watch, Amnesty International and other groups urged the Governing Body to reject that request. In March 2026, the Governing Body took note of the report, encouraged the parties to continue their dialogue and deferred the item to its 358th Session in November 2026. As of October 22, 2026, that consideration is pending. The Governing Body has made no finding on whether Saudi Arabia is in breach, so the allegations remain allegations.
Separately from the complaint, Saudi Arabia and the ILO signed the third phase of their Programme of Cooperation on June 4, 2025. The ILO describes this phase as advancing safe and decent working conditions and social protection for all workers, especially women, foreign workers and low-skilled laborers. It also covers raising awareness of the 2021 reform’s effect on labor mobility and the recognition and protection of domestic workers’ rights.
Looking Ahead
National wealth alone does not make people secure. Predictable, enforceable law is a form of poverty reduction, because it lets workers keep what they earn and seek redress when they are wronged. With reform under way and international attention on the Gulf, the task now is to make sure the rights already promised reach the people they were written for.
– Ghita El Mernissi
Photo: Unsplash







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