The legal system of Saudi Arabia is based on Sharia, Islamic law derived from the Holy Qur’an and the Sunnah, as stated in Article 1 of the Constitution (1992). There is no penal code in Saudi Arabia and, consequently, there are no written laws regarding sexual orientation or gender identity (Human Rights Watch, 2022). Instead, per Article 1 of the Law of Criminal Procedure (2001), Saudi Arabian courts apply Sharia law to cases brought before it.

Sharia law criminalises all sexual activity outside of marriage. Given same-sex marriage is not allowed, same-sex sexual activity is prohibited under all circumstances in Saudi Arabia. Both men and women are criminalised under this law. Under Sharia, if sexual activity outside of marriage is proven (which includes consensual same-sex sexual activity), “it is punishable by 100 lashes if the person is unmarried, and death if married” (Amnesty International, 2024). Those convicted have, in many cases, also been punished with prison sentences (see Case Law examples below).

In 1988, fatwa (religious edict) No. 148 (1988) extended the scope of the death penalty to “corruption on Earth”. Originally intended to target suspected terrorists, this loosely defined offence has been used to punish illicit sexual activities, including same-sex sexual activity. For instance, in 2019, Saudi Arabia executed 37 men on charges related to terrorism, five of whom were additionally convicted of engaging in same-sex sexual activity (World Coalition Against the Death Penalty, 2024). It is not uncommon for individuals facing execution for same-sex acts to be accused of other crimes such as terrorism, theft, murder and child abuse, although the exact basis for these additional charges and whether sodomy is used as an aggravating factor remains unclear (Sato & Alexander, 2021).

As reported by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) in their State-Sponsored Homophobia 2020: Global Legislation Overview Update (2020):

“Saudi Arabia uses Sharia as the law of the land regardless of religion, making hudud punishments [punishments for crimes considered to be against the rights of God] applicable to anyone under the jurisdiction of the country, including foreigners and non-Muslims (except in the crimes of drinking and apostasy, provided that no public sensitivities are offended and that the principles of Islam are not publicly attacked).

It is worth highlighting that given Saudi Arabia’s reported overall lack of transparency, together with its complex legal system and social dynamics, accessing reliable, substantial, and recent data on legal issues and incidents of law enforcement in the Kingdom remains a challenging task.”

Aside from those punishments listed above, conversion practices may also be mandated. The Committee for the Promotion of Virtue and Prevention of Vice (CPVPV) was reportedly asked in 2012 to enforce new orders to bar the entry of “gays and tomboys” from its government schools and universities until they “prove they have been corrected and have stopped such practices” (Emirates 24/7, 2012).

In addition, vague provisions of the Kingdom’s anti-cybercrime law that prohibit online activity that contravenes “public order, religious values, public morals, and privacy” are used to prosecute those who engage in same-sex relations online (Human Rights Watch, 2022).

News sources suggest that a legislative committee is working to introduce a new penal code (see for example Arabian Gulf Business Insight,2024). Generally, details about its contents and implementation timeline remain scarce.

The CPVPV plays a significant enforcement role, has the responsibility to “enjoin good and forbid evil” and has authority to arrest those who violate Sharia law (ILGA, 2020). The CPVPV is required to notify any incidents to the police or the General Administration for Narcotics Control but the extent to which this is observed is unclear. As reported by ILGA, “[i]n 2012 an official from the [CPVPV] stated that its work was focused on eradicating ‘erroneous behaviours that affects society, such as drinking alcohol, magic, immorality and homosexuality’“.

The CPVPV monitors social behaviour and is empowered to arrest, or help to secure the arrest, of people who engage in conduct violating Islamic principles and values (ADHB, 2015). They      commonly report violations such as improper dress and public expression, and monitor online speech.

Article 6 of the Anti-Cyber Crime Law (2007) prohibits the production, publication, and promotion of online content or webpages that the government deems to be pornographic or in violation of religious values or public morals or order. According to OutRight Action International(2022), at least 26 LGBTQI+ websites and webpages – predominantly of international origin but including some local content – had been blocked as of January 2022, with all Saudi internet service providers enforcing blocks and censorship in both English and Arabic.

According to ILGA, “[s]ince 2022, Circular No. 64 (2022) explicitly prohibits the entry of any products that “promote homosexuality” or bear drawings, pictures, slogans, phrases, sentences, or symbols that contradict the teachings of Islamic Sharia, religion or public morals and ethics” (ILGA, 2024). During a raid in 2022, Saudi authorities seized rainbow-themed toys that were said to “contradict the Islamic faith and public morals” (BBC, 2022).

Under Sharia law, it is illegal for men to behave like women or to wear women’s clothes, or for women to behave like men and wear men’s clothes. Individuals found cross-dressing may be subject to imprisonment, fines or deportation for foreigners (The New Arab, 2021).

In 2019, Saudi Arabia introduced the Public Decency Law, which explains what does and does not count as good attire in public for men and women. Under Article 4: “No person shall appear in a public place wearing indecent clothing or clothing which bear images, shapes, signs or phrases that violate public decency”. The CPVPV have the authority to monitor the dress code in public spaces and arrest those that do not comply.

Acknowledgement of diverse gender identities is uncommon within the Sunni Islamic theology, which forms the foundation of many of Saudi Arabia’s laws and regulations (ILGA, 2024).

In 2018, the head of the Centre for Gender Determination and Correction at King Abdulaziz University Hospital reportedly stated that gender-affirming surgeries are prohibited by Sharia law, with the exception of sex correction (i.e. genital surgery performed on intersex individuals) (Noralla, 2021). According to an article from 2021, the Ministry of Health requires hospitals to obtain the approval of the authorities before performing a sex correction operation (Gulf News, 2021).

Saudi Arabia permits citizens to change their first name or last name by submitting a writ petition to the Ministry of Justice and local Superior Courts, with each case seemingly being evaluated individually (ILGA, 2024). Given Saudi Arabia bans names that are considered to be blasphemous, non-Arabic, non-Islamic or against Saudi Arabian culture, it is highly unlikely that applicants could apply for names commonly associated with another gender (Middle East Monitor, 2020).

The Constitution of Saudi Arabia does not provide any express protection from discrimination to LGBTQI+ people. However, international organisations, such as the United Nations and Human Rights Watch, have recommended that the Kingdom take into account fundamental values, such as prohibiting discrimination, when considering LGBTQI+ groups and individuals. (See, for example, Human Rights Watch, 2020) This is particularly pertinent as it could be seen to run counter to the  objectives for a more inclusive society as set out in Saudi Arabia’s “Vision 2030” (UNHRC, 2023).

Saudi Arabia has also been known to perform forced anal examinations to identify whether persons have engaged in anal intercourse (Outright International, 2022; ILGA, 2021). This practice has not been endorsed by any reputable medical organisation and is generally considered “medically worthless” (UNHRC, 2016) with the World Medical Association noting the “unscientific and futile nature of forced anal exams and the fact that they are a form of torture or cruel, inhuman and degrading treatment” (WMA, 2022; Outright International, 2022).

This practice has long been denounced as a human rights violation by organisations, such as the UN Special Rapporteur on Torture and the International Rehabilitation Council for Torture Victims (Committee against Torture, 2016).

In 2020, Saudi Arabia fined and imprisoned a Yemeni blogger on charges of “violating public morality by promoting homosexuality online”, and “imitating women”. During this time, officers performed a forced anal examination (ILGA, 2023).

On 1st December 2011, the Lower House of Congress in Argentina approved the Gender Identity Bill that would allow any person over 18 to request a change of name and identity without needing the court’s permission. However, it remains to be seen what the Upper Chamber of Congress will decide later on in 2012.

Saudi Arabia is signatory to very few international legal treaties and conventions. One notable exception is the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention Against Torture). Saudi Arabia acceded to the Convention Against Torture in September 1997, with reservations that it did not recognise the jurisdiction of the Committee against Torture (CAT) to carry out an examination if it receives reliable information containing well-founded indications that torture is being systematically practised in the territory of a State party (article 20) or the arbitration procedure for when State Parties differ concerning the interpretation or application of the Convention Against Torture (article 30.1).

Saudi Arabia has frequently been accused of acting incompatibly with the Convention Against Torture. For example, Human Rights Watch submitted a memorandum to the CAT which highlighted areas of concern and contained information on how Saudi Arabia’s behaviour is inconsistent with the Convention Against Torture. Another example is that the United Nations country team based in Saudi Arabia, whose role is to support the UN’s human rights function as outlined in its Charter, recommended in November 2023 that the Saudi Arabian government include the crime of torture, as defined in article 1 of the Convention Against Torture, in its criminal legislation (UNHRC, 2023).

Saudi Arabia has frequently objected to international legislative attempts to promote LGBTQI+ rights. Saudi Arabia’s voting pattern is usually consistent with other Gulf states and other regional organisations of which the country is a member, such as the Organization of Islamic Cooperation (OIC) and the Gulf Cooperation Council.

Opposition to international legal reform

In September 2014, Saudi Arabia (along with other Gulf states such as the U.A.E. and Kuwait) voted against the resolution Human rights, sexual orientation and gender identity: resolution by the Human Rights Council adopted by the UNHRC. This resolution expressed grave concern regarding the infliction of  violence and discrimination upon individuals based upon sexual orientation and gender identity.

Speaking on behalf of the Gulf Cooperation Council, Saudi Arabia argued that it was necessary to respect cultural specificities in certain countries, and that the GCC opposed the efforts of certain countries to promote their own model of culture. Egypt, whose proposed amendments to the resolution received support from Saudi Arabia and others, highlighted a general opposition to introducing cultural and social concepts that purportedly lacked any basis in international law.

In March 2016 at the 31^st Session of the UNHRC, Saudi Arabia objected to a resolution that condemned the use of torture by law enforcement. The objection was due to the resolution referencing a report by the Special Rapporteur on torture which included 65 references to sexual orientation (UNHRC, 2016). Saudi Arabia claimed the resolution was being used to promote issues beyond the eradication of torture.

In May 2016, the OIC (of which Saudi Arabia is a member) strongly rejected the UNHRC resolution on protection against discrimination and violence based on sexual orientation and gender identity adopted during the 32nd Session of the UNHRC (OIC, 2016), stating:

“While reaffirming OIC’s strong commitment to combating all forms of violence and discrimination against any person or group on any ground, the OIC Secretary General, Iyad Ameen Madani reiterated OIC’s firm stance that the notion of sexual orientation is alien to the international human rights norms and standards as well as against the fundamental precepts of not only Islamic but many other religious and cultural societies.”

International commentary

According to a Compilation of UN Information on Saudi Arabia as a Report of the Office of the UN High Commissioner for Human Rights, which was prepared as part of a Universal Periodic Review of Saudi Arabia (UNHRC, 2018):

“The Committee on the Rights of the Child remained concerned that children of Saudi mothers and non-Saudi fathers, lesbian, gay, bisexual, transgender and intersex children, children with disabilities, children born out of wedlock, children of migrant workers and children belonging to Shia and other religious minorities continued to be subjected to persistent discrimination. It urged Saudi Arabia to eliminate de jure and de facto discrimination on any grounds against all children, and to conduct awareness-raising campaigns to eliminate the stigma attached to children born out of wedlock.”

According to a Compilation of UN Information on Saudi Arabia prepared by the Office of the UN High Commissioner for Human Rights (UNHRC, 2023):

“The United Nations country team recommended that Saudi Arabia review the situation of LGBTI+ groups and individuals, considering the Kingdom’s fundamental values prohibiting any form of discrimination, and the objectives contained in Saudi Vision 2030. It also recommended that Saudi Arabia explicitly prohibit discrimination and cyberbullying on all media platforms, prevent torture and other cruel, inhuman or degrading treatment of LGBTI+ persons, and repeal laws that discriminated on the basis of sexual orientation or gender identity and expression.”

According to the annual report by Human Rights Watch on the human rights situation in 2021 in Saudi Arabia (Human Rights Watch, 2022):

“Saudi Arabia has no written laws concerning sexual orientation or gender identity, but judges use principles of uncodified Islamic law to sanction people suspected of committing sexual relations outside marriage, including…same-sex relations. If individuals are engaging in such relationships online, judges and prosecutors utilize vague provisions of the country’s anti-cybercrime law that criminalize online activity impinging on ‘public order, religious values, public morals, and privacy.’”