Saudi Arabia’s Unjustifiable Constraints on Women’s Rights
By: Sia Nyuad
Tags: Ksa, Sharia, Saudi Arabia, Womens Rights

by Sarah Afaneh

The Independent — Getty Images

The Kingdom of Saudi Arabia has long been criticized for using sharia law as a means to lawfully strip women of their fundamental human rights, falsely using religion as a justification for oppression.

Studies refer to Saudi Arabia’s legal system as the strictest interpretations of Islamic law — one that leads to the development of a strongly religious self-identity guiding many facets of political and social life in the country.

Under Saudi Arabia’s sharia law, the male guardianship system essentially places women under the legal authority of men (either her father, husband, brother, or even son), thereby obligating women to obtain permissions and consent to work, travel, marry, exit prison or simply access healthcare.

Regardless of their socioeconomic status, age, or level of education, a woman’s life is controlled from birth to death under this system, rendering adult women the equivalent of legal minors unable to make decisions for themselves.

The male guardianship system in Saudi Arabia is not codified in law but is a practice rooted in interpretations of sharia. The guardianship system is supported in the Quran in Surah Al — Nisah, Ayah 34, where it says “men are (meant to be righteous and kind) guardians of women because God has favored some more than others and because they (i.e. men) spend out of their wealth.”

Initially, it may be concluded that this suggests that men are superior to women, and are in control of them. However, this simply means that men will be responsible for the economic needs of their wife, daughters, and other female relatives. This also refers to a man’s role in the relationship between men and women — one of protection, looking after economic needs, and emotional needs as seen in the verse (30:21), which states: “And of His signs is that He created for you from yourselves mates that you may find tranquillity in them; and He placed between you affection and mercy.”

This love and affection, which must be characterized in a relationship, according to (30:21), should be reflected in the way in which the husband exercises his “authority.” This “authority” should not be forced, but rather come out of love and respect for one another. The Quran permits women to earn and own their own wealth, and the “decision-making ‘authority’ of the husband should be restricted to the area of responsibility (i.e. family budget) and should not become all-pervasive.”

The implication of this in the law obtains a basis that can be justified using the Quran; however, extending this guardianship to taking complete control of a woman’s life contradicts Islamic principles and belief, hence not following sharia law.

Not only does this take away a women’s economic rights, such as the ability to earn her own wealth, which the Quran permits; it also strips her of choosing her own life and instead be constantly controlled throughout it.

The consequences of the male guardianship system in Saudi Arabia leaves women vulnerable to abuse, and enables men to abuse their authority, extorting female dependents. According to a 2016 report by the Chr. Michelsen Institute, not only does the male guardianship system “directly affects a woman’s ability to report the crime to the police and file a court case without the permission of a male guardian” but it is also based upon “an underpinning idea of women’s obedience that is often in conflict with the possibility of combating domestic violence, including marital rape (2).” In 2016 alone, there was a rise in domestic abuse by 19 percent, and that’s solely inclusive of what has been reported, neglecting the majority that has not.

As such, the constrained social and political rights of women in their everyday lives in Saudi Arabia are obvious, occurring at the hands of the guardianship system justified using a debatable religious basis, and one that is questionable specifically in our modern day.

Reforms in Saudi Arabia regarding these rights have been limited. Much of the government’s reasoning for their limited development is primarily religious and also falls back on the notion that society would not accept this change. The progress of women in Saudi Arabia is ultimately being limited by both the government and the citizens themselves.

The reconstruction and improvement of women’s rights in Saudi Arabia is dependent on society’s mindset, and the alterations and development of their attitudes. The fundamentalist mindset continues to dictate the progress of women in Saudi Arabia and thus, the evolution of this mindset is the key to the advancement of women’s rights.