Journal of Human Rights Law and Practice

Volume 1, Issue 1
www.stmjournals.com

Are the Male Guardianship Laws in Saudi Arabia, A

Challenge to Human Rights of Women as Advocated in
Islam?
Ammarah Samar Khalid*
Research Scholar, O P Jindal Global University, Jindal Global Law School
Sonipat Narela Road, Near Jagdishpur Village, Sonipat, Haryana 131001

Abstract
The work attempts to analyze the Saudi Arabian policy regarding the “Male Guardianship”
laws imposed on women in relation to what extent Islam, the state religion of Saudi Arabia,
supports the law. The work sheds light on the human rights of Saudi women that are violated
due to the male guardianship laws, which treats women as legal minors and incapable of
experiencing state recognized independence of any sort. Human rights as an issue will be
discussed solely with reference to their definition as per Islam. The paper shall explore the
issue using sources from the Quran, the Hadith, the constitution of Saudi Arabia and news
articles reporting the instances of grievances of Saudi women due to this policy.

Keywords: Saudi Arabia, Male Guardianship, Women, Islam

*Author for Correspondence E-mail: [email protected]

INTRODUCTION level, and eventually influencing community

The rise of Islam as a religion can be traced as a whole. These small Muslim communities
back to 609 CE, the year when the Holy Quran together are the composition of countries like
was revealed to Muhammad PBUH, the last Saudi Arabia, Pakistan, Bangladesh, Iraq etc.
prophet of Islam. After the death of the
prophet, Islam spread under the governance of Saudi Arabia, being the birth country of the
the various Caliphs. The spread of Islam in the Prophet Muhammad (PBUH), where the
last 1400 years has been carried out from the divine revelation of Quran had taken place and
Middle Eastern countries to the rest of the where the two holy pilgrimages of Islam,
world. According to the BBC news reports of Mecca and Medina are situated in, is often
2011, Islam was observed to be the fastest considered to be the head of Islamic States.
growing religion in the world with Being the country where the Islam that we
approximately 1.57 billion Muslims in the know of today has originated from, Saudi
world [1]. The spread of any religion in Arabia automatically is put on the pedestal of
particular is often a result of the qualitative carrying out the responsibility of setting an
change it brings into the lifestyle of its ideal for all the Muslims in the world. The
followers post conversion. The increasing
purpose of the work is to analyze the extent to
number of Muslims in the world too, is an
which Saudi Arabia has been successfully
indicator of how the Islam as a religion, by
virtue of its rather modern laws that intend to carrying out this responsibility towards its
eliminate social evils, provides its followers citizens and the Muslims of rest of the world, in
personal and collective development. The terms of its policies. The job of the Saudi
reason why Islam has been seen to have such Arabian government, like all governments of
an impact on the personal and social the world, is to ensure that the rights of its
development of its followers is not because it citizens remain protected and free from
preaches the basics of humanity such as peace, violations. These rights that the government
brotherhood and charity, but also gives strives to protect are known as “Human Rights”
guidance regarding balancing an ethical inherent to all individuals namely, equality,
conduct from an individual level to family liberty and dignity in all feasible forms.

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Saudi Arabian Policy regarding the “Male Guardianship” laws Ammarah Khalid

Islam caters to the need of protecting the rights must be of sound and reliable memory. Hadith
of people by the explicitly codified laws e Sahih must also qualify its verification with
regarding them in Quran and the Sunnah of the other narrators and their memory regarding the
Prophet. “Sunnah” refers to the practices, issue, hence forming an unbroken chain of
decisions, opinions of Prophet Mohammad. narrators agreeing on its validity. Hadith e
The Sunnahs, dealing with different issues Hasan and Hadith e Da’eef are the Hadith
have been recorded under the title of “Hadith”. transmitted by narrators whose righteousness
As the leader of Islam, and the receiver and or memory may not be in the most reliable
transmitter of the Qur’an, all practises and position and hence the Hadith to an extent,
decisions in the private and public life of the must not be trusted. The paper however, has
Prophet have been declared to be in been backed by Hadith from the book of
compliance with the Qur’an, hence making the Hadith al Bukhari, a compilation of Hadith e
Sunnah and the Hadith an integral part of the Sahih by Imam Bukhari, for all attempts to
Islamic code of conduct. The laws stated in the show Islam’s approach to human rights and
Quran and the Hadith together form the women. In addition to the Hadith, verses from
Shari’ah. Shari’ah is the term given to the different chapters of the Quran too have been
Islamic jurisprudence as demonstrated in the taken into consideration for the same.
Qur’an and the Hadith through the Prophet’s
Sunnah. As mentioned before, Islam is The second section of the paper deals with
currently the fastest growing religion in the Saudi Arabia’s Islamic history, constitution
world [2] and with the future expansion of the and participation in developing human rights
religion kept in mind, the Shari’ah laws were on a global level. All of these have been done
created to provide the Muslims with flexibility firstly on the basis of Saudi Arabia’s position
in reference to time and cultural diversity. as an Islamic country, given its history and the
Hence, countries with their official state Constitution according to which it is an
religion as Islam are under an obligation to Islamic country. The paper then discusses
preserve this modern approach that Islam Saudi Arabia’s responsibility by virtue of its
brought with itself. history and Constitution to maintain and
protect Islamic values in its policies both
RESEARCH METHODOLOGY nationally and globally. To discuss its
The research methodology used in the paper is participation to the same, global research has
based on three different types of data of the been done to show its position in the
different sections the research question has Organisation of Islamic Co-operation and
used to derive conclusions. The first section Committee on the Elimination of
being the analysis of Islam as a religion in Discrimination against Women proposed by
terms of its approach to human rights, United Nations. The research for the second
particularly to women was supported by section thus is purely based on the statements
instances from the life of the Prophet from the Constitution of Saudi Arabia and the
Muhammad PBUH as well as the holy Quran. texts of the two organisations.
Since this section aims to give the readers a
general over view of the Islamic values, the The third section of the paper attempts to shed
research purely involves direct evidence light on the challenges posed by Saudi
supporting the claims made. The evidence Arabia’s policies to the idea of human rights
included primarily of Hadith, instances from of women as stated in Islam particularly due to
the Prophet’s life narrated by his companions. the law of “Male Guardianship”. The section
All Hadith in Islam can be divided into five goes hand in hand simultaneously between
categories based on their reliability. The two modes of explanations of this, firstly
categories are Sahih, Hasan, Mawdu, Maqlub which is of using news reports and articles
and Da’eef. Hadith e Sahih are those that have owing to the various setbacks of the law and
been transmitted by those narrators who have its adverse consequences on the different
been the Prophet’s companions and possessed aspects of the lives of Saudi Women and
strong morality. Moreover the accuracy of secondly the direct Islamic evidence, Hadith
Hadith e Sahih cannot be challenged as one of and Quranic verses showing the importance of
the main qualities of these are that the narrator these very aspects of life and suggesting that

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Journal of Human Rights Law and Practice
Volume 1, Issue 1

immediate measures are to be taken in order to are altruistic and unbiased in nature. The idea
secure them hence discussing the behind having the very concept of human
contradictions between human rights in Islam rights as a part of the religion is simple, that
and human rights in Saudi Arabia. The news liberty, dignity and equality to all adults have
reports and articles range from those provided been granted universally and by God himself.
by ‘Human Rights Watch’, ‘BBC’, ‘The Denying these basic human rights to an
Guardian’ and local Saudi news sources such individual, according to Islam is a result of
as the ‘Saudi Gazette’ etc. lack of faith and ill character. During the years
when Islam was still a newly found religion,
LITERATURE REVIEW and was led by Prophet Muhammad PBUH,
The research for the paper in addition to the many social evils residing in Saudi Arabia
constitution of Saudi Arabia, texts of the were brought to an end, by virtue of the strict
various international organisations Saudi and defined human rights in Islam. As stated
Arabia has participated in, news reports, explicitly in 49:13 of the Quran, Islam forbids
Hadith and Quran also includes literary racism or discrimination of any sort.
editorials briefly touching upon the issues Diversities such as different races, cultures and
raised by the paper particularly in “Perpetual even the two genders, in Islam must be looked
Minors” published by Human Rights Watch at as a sign of God’s greatness and hence all
and the “Islam and Custom: Redefining variations in His creation are to be respected
Muslim Women’s Rights” by Azizah Al Hibri. and embraced [3]. An example of this was
A significant observation made whilst seen in the ‘Charter of Medina’ [4], where the
conducting the research for the topic was that non-Muslims too were given equal political
most editorials found on the topic only and cultural rights as the Muslims, including
appeared to have focused on one side of the religious freedom and security. Another
issue. In simpler words, they seem to either example of this was set by the Prophet’s
argue against the Saudi laws for women and its decision of having Bilal ibn Rabah, an
contradiction to human rights in general or they oppressed slave from Abyssinia, to give the
argue to support the popular notion of Islam first ‘Adhan’ [5] in the history of Islam. Bilal
being oppressive in nature or against it, to show also went on to become one of Prophet’s most
the liberal ideas Islam bring about regarding trusted and respected companions, showing
women. Hence, failing to form a bridge that there is no place for racism and inequality
between the three i.e., Islam, Saudi Arabia and in Islam. Thus the Prophet took the first step to
Human Rights. Therefore, while there is a need bring an end to the practise of slavery in Saudi
to show the difference between humans rights Arabia. Moreover, Islam also forbids
in Islam and human rights in Saudi Arabia, discrimination based on other classes, gender,
most pieces struggle to show human rights in
poverty etc. For instance, it is obligatory for
Islam from the eyes of Saudi Arabia and then
every Muslim to give a certain percentage of
attempt to bring about an argument for or
against the liberal nature of Islam. his wealth to the ones financially weak, not as
mere charity but as the right of the poor. This
Addressing the observation, the paper aims to practise is known as ‘Zakat’ and is considered
set apart human rights in Islam and human to be a Muslim’s duty to bring an end to
rights in Saudi Arabia, pertaining especially to inequality of any kind, including economic
their policies regarding women. The paper also inequality between each other. Any form of
does not show human rights in Islam in the discrimination and supremacy of an individual
same light as that of human rights in Saudi or a group of individuals over another
Arabia, in fact on the contrary, endeavours to individual or a group of individuals is
show the two in the most distinct ways by considered to be a violation of the concept
highlighting the contradictions they pose to ‘Ta’ah’ as illustrated in 7:11 [6] of the Qur’an,
each other. when Satan defies God by declaring himself to
be more superior to His other creation,
Human Rights in Islam humans, hence the practice of belittling of one
Human rights in Islam, as discussed in the creation by giving undue preference to the
Quran and seen in the Hadith of the Prophet, other or suppressing the rights of another, for

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Saudi Arabian Policy regarding the “Male Guardianship” laws Ammarah Khalid

the sake of making them inferior, is considered referred to the holy Qur’an and the Prophet
to be sinful and is not supported by Islam in Mohammad’s Sunnah as its constitution.
any manner. Although from Article 1 [11] and Article 23
[12] it is evident that the current constitution is
Human Rights of Women in Islam but an official reliance on religion for law and
As mentioned before, Islam does not simply order in Saudi Arabia.
condemn discrimination but forbids it, whether
it is based on social status, races or even Saudi Arabia is one of the significant members
gender for that matter. From 9:71 [7] of the Organization of Islamic Co-operation [13]
Quran, it is evident that Islam imposes the two whose headquarter is situated in Jeddah, one
genders with the responsibility to acknowledge the major commercial cities of Saudi Arabia.
each other with respect and equality. Many of Through OIC, Saudi Arabia has shown its
the Prophet’s most renowned companions participation in various steps taken in order to
were women, who stood by him in all protect human rights in accordance with the
historical struggles of Islam. The Prophet is Shari’ah [14] such as in “Cairo Declaration of
recorded to have conferred the practise of Human Rights” and “Plan of Action for
undermining the women to be wrong- “It is Advancement of Women”. But both treaties
generous (in character) who is good to woman faced the same concern as that of “Convention
and it is wicked who insults them” [8]. The of the Elimination of all forms of
Quran too recognizes the contribution and the
Discrimination against Women” that was
status of women to be of respect, which is
signed by all members of the United Nations
exemplified in cases such as the dedication of
which is Saudi Arabia’s vague approach to
complete chapters in that Quran to women [9]
and Mary [10], the mother of Jesus. them due to its religious sensitivity. Saudi
Arabia’s refusal to abide by all clauses of the
One of the many social evils that were brought treaty and its perception of being in
to an end by Prophet Muhammad PBUH and contradiction to Islam leave the door of
Islam in the early Islamic period were the subjective treatment of human rights. Hence,
hardships that the women in Arabia were these reservations give Saudi Arabia the
forced to undergo. For example introducing liberty to not be under any international
the concept of legally controlled polygamy obligation to regard the subject matter of
and the specific reasons under which it was human rights of women sincerely.
allowed. Prior to this, a man was free to take
as many wives as he pleased but Islam defined Male Guardianship in Saudi Arabia
a particular number. Islam also gave women “Male guardianship” in Saudi Arabia is a legal
the right to have a prenuptial agreement with compulsion imposed on the women by the
the man and have clauses that may also government of Saudi Arabia. The law requires
include preventing him from indulging in all women, regardless of their age, to acquire
polygamy after marrying her. “Mahr”, earlier written consent from a male guardian, a ‘wali’
was referred to as bride price but with the which can be her father, brother, husband, or
Islamic laws and rights awarded to the wife, son, of any age, for legal recognition and
Mahr came to be recognized as a prenuptial permission to carry out any sort of activity
gift given by the husband to the wife, allowing requiring interaction and exposure in public,
her not to be dependent on the husband for such as in order to pursue an academic degree,
financial security in case of a separation etc. In apply for employment, travel, receive medical
addition this, Islam also gave women the right treatments in hospitals, file a police complaint
to own property, business, engage in political as well as obtain an identity card. The male
and legal affairs and financial matters, guardianship laws therefore, make women
independent of her male companion. legal minors, leaving no control of their own
on their decisions.
Saudi Arabia, Human Rights in an Islamic
Empire
Male Guardianship in Islam
The constitution of Saudi Arabia was adopted
The male guardianship laws imposed on Saudi
in March 1992, prior to which Saudi Arabia
women seem to be based on the interpretation
did not have a constitution of its own and only
of the verses 2:228 [15] and 4:34 [16] of the

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Journal of Human Rights Law and Practice
Volume 1, Issue 1

Quran. However, if looked closely, the Similar to this verse, Saudi’s Male
interpretation of the two verses is a rather Guardianship laws contradict many other
vague and subjective one. And if read together rights of women that Islam has granted to
with verse 9:71 [17], one may observe that not them in equality to men, such as the right to
only do the verses imply that the two genders education, employment, political rights, right
are different from each other rather than being to equality before law and the right to life.
superior over each other but also that they are
to live in harmony encouraging and supporting Right to Education
each other with through their ‘differences’. The Prophet declared it to be the duty of every
Muslim to attain education [19] and in another
In order to provide guidance for such Hadith the Prophet is recorded to have said
complicated verses in Quran one must refer to “seek knowledge even if it is as far as China”
the Hadith of Prophet Muhammad PBUH. An [20], referring to the difficulties that may
example of the interpretation of the three prevent one from performing this duty of
verses can be seen in the example of the attaining education. There is an absence of
Prophet’s second wife Hazrat Aisha R.A, who specification in the duty being only imposed
after the death of the Prophet, not only became on the men and not women therefore,
a major contributor in the recordings of Hadith favouring the fact that the Islamic law
but also a recognized Islamic leader. The death demands for an equal opportunity for both
of the Prophet, did not lead to the confinement men and women to receive education.
of Aisha due to the lack of a male guardian
and hence, she was free to travel across Of the many obstacles faced by Saudi women
regions to spread the word of Islam without in their struggles to accomplish education is
having been required any permission from a the male guardianship law. A Saudi woman’s
male guardian. ambition to study is purely dependent on the
decision of their male guardian. In most cases,
Moreover, as stated before, the concept of they are denied the permission to pursue
supremacy and domination of the will of educational sectors which may not be
another, in Islam has been regarded as a sinful considered “suitable” for them by their
practise because the ‘Ta’ah’, solely refers to guardians. Another barrier standing the way of
the obedience and submission of an individual Saudi women from attaining education is the
to God and no other human being. An rule for them to be married in order to be
illustration of there being no compulsion of eligible for a scholarship to study abroad, so a
having a woman obey her male guardian is the ‘wali’ is capable of accompanying them
wife of the Pharaoh, Hazrat Asiyah, who is during the course of their education [21].
regarded as one of the most highly honoured However, the case is not the same for male
women in Islam. Asiyah, against her students who want to study abroad. The Saudi
husband’s wishes, practised Islam, hence Government through this policy makes it
showing that Islam not only promotes free will difficult for women to achieve education,
but also free will having been granted by God which is in fact a religious duty.
to all humans in equality cannot be taken away
by any form of authority. Right to Employment
About 59,948 Saudi women received
In verse 4: 11 [18], the right to property to postsecondary degrees in 2009 compared to
women has been granted explicitly, hence one 55,842 men and despite of having
may conclude that the notion of having a outnumbered men in fields of education, only
‘wali’ (male guardian) is of no value in Islam ten percent of women in Saudi Arabia over the
because, if for instance women like in Saudi age of 15, are employed [22]. Like the
Arabia were supposed to have been considered women’s right to education, their right to
as legal minors in Islam as well then they employment too faces similar obstacles which
would not have been bestowed with this are, firstly, the need for the consent of a male
responsibility of owning property as their own, guardian and secondly the restriction of their
freedom of movement due to their dependence
independent of a man.
on their male counterparts.

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From 4:32 [23] it is clear that Islam therefore, However, the real victims of this are the
in no way forbids the women from being women from the lower economic class. Being
employed, in fact the right to employment of from the lower economic class, these women
women has been promoted unambiguously, fall prey to two major issues, created by the
and has been exemplified in the Hadith of the policy. First being their need to earn livelihood
Prophet by his first wife Hazrat Khadijah R.A, for economic support to their family and
who was a successful businesswoman before second being the inability to afford a driver to
her marriage to the Prophet, during her life as help them pursue an occupation to
a widow as well and the Prophet not once has economically support their families. Due to
been recorded to condemn her career or this inability, the cost of hiring a woman for a
attempt to force her into asking for his job position becomes more, as it then becomes
permission to continue her profession. the company’s responsibility of providing
However, currently in the Kingdom of Saudi them with a driver [24]. In 2005 when King
Arabia, a woman, in order to apply for a job in Abdullah came to power, he promised there
any sector requires the permission of her will be a day when women would drive but
‘wali’ in written. after 9 years of waiting, it is yet to be
implemented.
In addition to this, it must be noted that the
right of a woman to even acquire a business The right to employment has been given to
licence was not recognized by the Saudi law women by Shari’ah and as the government, it
until 1990, after a significant amount of is the duty of the nation to protect the rights of
efforts. It is apparent from these amendments the citizens, failure in doing so therefore,
and re-introduction of the same policies which results in the violation of Article 23 [25] of the
were previously condemned in the name of Saudi Arabian constitution, as well as its
religion but have now been openly accepted, Labour Code, 2006, which states “All Saudi
that the Saudi government does not administer workers will have equal right to work in all
rigidly and that these policies are open to parts of the Kingdom, without discrimination”
reconstruction and changes keeping the [26].
welfare of the citizens in accordance with
Islam in mind. Political Rights
In a surprise move, Saudi Arabia’s King
The second major obstacle that prevents the Abdullah bin Abd al-Aziz had announced that
women from being hired or carrying out their women would be able to participate in
professional duties is the restriction of municipal elections in 2015.The Saudi
movement by having denied the Saudi women government has a long history of breaking
the right to drive. Due to which, all working promises to women. This year has been no
women must either depend on their male different. When Saudi Arabia held its first
family members or on a male driver approved municipal elections in 2005, women were
by their ‘wali’ to take them to their workplace. excluded from voting and running as
Saudi Arabia remains to be the only country in candidates. The government promised that
the world to have not given the women the women would be able to participate in the next
right to drive. In their defence, the elections, which were scheduled for 2009. A
Government claims this decision to be in woman from Jeddah who attempted to register
accordance with the Islamic law which to vote was arrested for her trouble.
prohibits the intermixing of the two genders,
which will be the alleged result, if the women The Shura council, which women may now
were permitted to drive. Ironically, this leads join as full voting members, is an appointed
to women being left in the company of male body that has the authority to review
drivers, who are not their wali and due to this legislation and question ministers, but whose
dependence on an unrelated male, not only powers remain consultative. In 2006, the
does the inter mixing of the two genders, as Shura council appointed six women as
claimed to be forbidden in Islam by the Saudi members, but they were not allowed to vote.
Government itself, occur but also goes
The number has now risen to 12 [27].
unquestioned by the government.

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Volume 1, Issue 1

As discussed before, by virtue of guardianship Muslim women, and it also does not specify
laws, the status of Saudi women has been the category of affairs for which the inclusion
reduced to that of a child. She is considered to of all Muslims must happen, hence the verse is
be a legal minor and hence her voice is meant to be interpreted as a right given to both
suppressed in all public matters as they are not all Muslims, regardless of their gender, Race
considered to be rational thinking citizens of or ethnicity. Qur’an’s 60:12 [33], demonstrate
the country and fit for decision making. Saudi women to be making “bayy’ah” to the
Arabia, despite being a monarchy, does Prophet. In Islamic terms bayy’ah is a pledge
conduct municipal elections at regular similar to the modern day practise of election,
intervals. And, yet Saudi Arabia currently is a process under which one selects a head of
one of the only three countries [28] in the state. After which the ‘bayy’ah’, led to the
world to have denied women political rights of oath of allegiance taken by all men and
any sort. Even though the right to vote and women present, by the virtue of which the
participate in public discussions was given to Prophet was elected as the head of state of
women by the Qur’an and the Prophet 1400 Medina [34].
years ago, modern Saudi Arabia has failed to
give them right to participate in any form of Right to Equality before Law
public discussion, decision making or even be The first infringement of a woman’s right to
recognized as a citizen without the permission equality before law due to the male
of men. guardianship laws is the subjective treatment
of women as a legal minor in the eyes of the
After the death of Prophet Muhammad PBUH, law according to the State’s conveniences. The
his second wife Aisha R.A not only went on to guardianship laws in Saudi and the rigid need
contribute in the religious, political for the permission of male guardians for all
discussions but also became their leader. activities and decisions of women leave no
Similarly, women in the history of Islam were room for their own control of their lives, hence
included in decision making of the community legally establishing them as minors incapable
by the Prophet. The famous verse from the of carrying out any action without the
Qur’an regarding the marital rights of a instigation of her male guardian. However, in
woman [29] was in fact created as a result of a cases of crime, the same woman is considered
woman’s argument with the Prophet regarding to be equally liable for her actions as a mature
her own rights during one of the meetings of rational citizen of the country. Saudi, by the
the Prophet with the community members virtue of not having an official written Penal
[30]. Another incident is said to have occurred Code, gives the undue freedom to its jury for
during the reign of Hazrat Omar R.A, when in carrying out partial and biased delivery of
a meeting while discussing the setting up of justice at its own will. Hence, the only event in
monetary limits on the marital gift, ‘mahr’, which the existence of Saudi women as part of
that a woman must receive as a security of her the nation and as a citizen, is acknowledged is
marital contract, a woman spoke courageously in cases of crime, at the time of receiving
to the caliph, demanding him not to take away punishment.
a right that God’s book has provided her with.
The caliph’s response to this demand was not Verse 5:8 [35], commands the Muslims to
restraint but appreciation for the genuineness carry out all processes of justice in all equality
in her statement, and therefore refrained from regardless of the race, ethnicity, social status
allowing this infringement of right to occur or even gender of the victim. Therefore,
[31]. denying women the right to equality before
law is in fact the violation of this order.
As supported by the verse 42: 38 [32], the
decision making in Islam does not in any The second infringement of this right takes
manner specify the participation of men only place when a Saudi woman is not recognized
nor does it forbid the participation of women. fit to be the guardian of her own child. The
The quotation refers to the people as all male guardianship laws in Saudi Arabia not
Muslims, including Muslim men as well as just treat women as minors in political and
legal issues but also in family matters. Saudi

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Saudi Arabian Policy regarding the “Male Guardianship” laws Ammarah Khalid

legal system only recognize the father of the the domestic violence of her ‘wali’, male
child as his or her guardian, and for any guardians such as her husband, father, and
decision making or legal procedures to brother and in some cases even son. In order to
commence, only the father is to be consulted. have an action taken against the guardian she
is required to take the permission of the same
The status and role of a mother in the child’s guardian. Therefore, it may seem that the
life has been coherently regarded as a crucial Saudi laws have been reconstructed for the
one in the Quran verse 31:14 [36]. Other welfare and security of the women, but once
references like the verses 46:15 [37] too must observed in details, these laws fail to serve the
be taken in consideration while discussing this very purpose of their creation and hence
role in the Islam. This is also supported in a suppressing the Saudi women’s right to life.
Hadith of the Prophet- “A man came to the
Prophet asking- O Messenger of God, who CONCLUSION
among the people is the most worthy of my Saudi Arabia by virtue of being the homeland
good company? The Prophet (peace and of both the Quran and Prophet Muhammad
blessings be upon him) said, your mother. The PBUH is inherently placed on an idealistic
man said then who else: The Prophet (peace platform of influence and inspiration in the
and blessings be upon him) said, your mother. Muslim world. Since, the Kingdom is also the
The man asked, Then who else? The Prophet oldest Islamic civilisation, it is essential for it
(peace and blessings be upon him) said, your to continue its rule in a manner that is
mother. The man asked, Then who else? Only complimenting to the laws laid out in Islam.
then did the Prophet (peace and blessings be Having explicitly stated in its constitution, in
upon him) says, your father” [38]. Hence, the Article 23 [42], the kingdom establishes its
status of a woman in Islam is not just equally reliance on the Shari’ah for all its policies,
significant but also thrice of that of the man as decision making and legal procedures.
a father. By taking away the mother’s rights Therefore, Saudi Arabia is under an obligation
over the child, this policy appears to be in to frame its policies that in circumstances, not
contradiction to the Shari’ah. just on the surface, go hand in hand with the
Islamic laws.
Right to Life
In December 2006, a woman was brought to As discussed throughout the course of this
the hospital after having been shot twice by work, the male guardianship laws of Saudi
her alcoholic and drug addicted husband. Arabia precisely lack an Islamic base. In
However, she was not permitted to file a addition to the inconsistency the policy in
police complaint because she needed her general poses to Islam, it is also one of the
husband’s written consent for it. She was sent chief causes for the various violations of the
back home to her husband. She was brought to Saudi women’s human rights. From the
the hospital again but could not be saved as different instances in the history of Islam, its
her husband had shot her the third time and views on human rights, especially of women,
she died of the wounds [39]. appear to have been misinterpreted by Saudi
Arabia whilst making its policies regarding
Verse 5:31 [40] of the Quran demonstrates that women. Hence, in order to abide by its
in Islam the right to live and the right to be reliance purely on Islam for guidance during
saved has been given to all humans equally. decision making, it is recommended that Saudi
To not abide by this, is a defiance of both the Arabia takes steps to introduce policies that
religious and moral code of conduct of any have a stronger Islamic base than that of male
civilized community. guardianship.
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Journal of Human Rights Law and Practice
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Saudi Arabian Policy regarding the “Male Guardianship” laws Ammarah Khalid

29. “The Organisation of Islamic Cooperation brothers [or sisters], for his mother is a
(OIC) (formerly Organization of the sixth, after any bequest he [may have]
Islamic Conference) is the second largest made or debt. Your parents or your
inter-governmental organization after the children - you know not which of them are
United Nations which has membership of nearest to you in benefit. [These shares
57 states spread over four continents. The are] an obligation [imposed] by Allah.
Organization is the collective voice of the Indeed, Allah is ever Knowing and Wise.
Muslim world and ensuring to safeguard 35. (Hadith- Al Bukhari).
and protect the interests of the Muslim 36. (Hadith- Al Bukhari).
world in the spirit of promoting 37. (Ministry Enforces Travel Rules for
international peace and harmony among Women Students, 2007).
various people of the world.” (About 38. (Nasr, 2013).
OIC). 39. Quran 4: 32- “Whatever men earn, they
30. IOC Charter Article 15- “The Independent have a share of that and whatever women
Permanent Commission on Human Rights earn, they have a share in that”.
shall promote the civil, political, social 40. (Perpetual Minors, 2008).
and economic rights enshrined in the 41. (National Constitution Kingdom of Saudi
organisation’s covenants and declarations Arabia, 1992). The state protects Islam; it
and in universally agreed human rights implements its Shari'ah; it orders people to
instruments, in conformity with Islamic do right and shun evil; it fulfils the duty
values.” (About OIC). regarding God's call.
31. Quran 228- ‘And women shall have rights 42. (Saudi Labor Code, 2006).
similar to the rights against them, 43. (Khalifa, 2011).
according to what is equitable; but men 44. Brunei: Neither men nor women are
have a degree over them’ The verse refers allowed to vote, as Brunei is an absolute
to this ‘degree’ in terms of physical monarchy and does not hold elections on a
strength and hence imposing more national level. Adults (men and women)
responsibility on men. although are allowed to vote for village
32. Quran 4:43- ‘Men are the {qawwam} of leaders.
women, because Allah has given the one Vatican: The country is ruled by the pope,
more than the other, and because they who is chosen by the cardinals. Since
support them from their means. ‘The verse Christianity does allow women to become
only refers to the role of a man’s life in a priests, women cannot participate in the
woman’s as advisors and maintainers elections.
provided they support them with their 45. Quran 60:10- 60:12.
livelihood. 46. (hibri, 1997).
33. Quran 9:71 “The believing men and 47. (hibri, 1997).
believing women are allies of one another. 48. Quran 42:38 -“Their (Muslims) affairs are
They enjoin what is right and forbid what decided through consultation among
is wrong and establish prayer and give them”.
zakah 1 and obey Allah and his 49. Quran 60:12- “O Prophet, when the
messenger”. believing women come to you pledging to
34. Quran 4:11- Allah instructs you you that they will not associate anything
concerning your children: for the male, with Allah, nor will they steal, nor will
what is equal to the share of two females. they commit unlawful sexual intercourse,
But if there are [only] daughters, two or nor will they kill their children, nor will
more, for them is two thirds of one's they bring forth a slander they have
estate. And if there is only one, for her is invented between their arms and legs, nor
half. And for one's parents, to each one of will they disobey you in what is right -
them is a sixth of his estate if he left then accept their pledge and ask
children. But if he had no children and the forgiveness for them of Allah. Indeed,
parents [alone] inherit from him, then for Allah is Forgiving and Merciful”.
his mother is one third. And if he had 50. (Women's Rights in Islam, 2006).

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Journal of Human Rights Law and Practice
Volume 1, Issue 1

51. Quran 5:8- God says in the Quran, “You my offspring. Indeed, I have repented to
who believe, be steadfast in your devotion you, and indeed, I am of the Muslims".
to God and bear witness impartially: do 54. (Hadith- Al Bukhari) and the Muslim.
not let hatred of others lead you away 55. (Perpetual Minors, 2008).
from justice, but adhere to justice, for that 56. Quran 5:32-“Whoever kills a soul unless
is closer to awareness of God. Be mindful for soul or for corruption [done] in the
of God: God is well aware of all that you land- it is as if he had slain mankind
do”. entirely. Whoever saves one-it is as if he
52. Quran 31:14- “And we have enjoined had saved the mankind entirely”.
upon man (to be good) to his parents: his 57. (Saudi Arabia: New Law to Criminalize
mother bears him in weakness upon Domestic Abuse, 2013).
weakness”. 58. (National Constitution Kingdom of Saudi
53. Quran 46:15 “And We have enjoined upon Arabia, 1992) “The state protects Islam; it
man, to his parents, good treatment. His implements its Shari'ah; it orders people to
mother carried him with hardship and gave do right and shun evil; it fulfils the duty
birth to him with hardship, and his regarding God's call”.
gestation and weaning [period] is thirty
months. [He grows] until, when he reaches
maturity and reaches [the age of] forty Cite this Article
years, he says, "My Lord, enable me to be Ammarah Samar Khalid. Are the Male
grateful for Your favor which You have Guardianship Laws in Saudi Arabia, A
bestowed upon me and upon my parents Challenge to Human Rights of Women as
and to work righteousness of which You Advocated in Islam?. Journal of Human
will approve and make righteous for me Rights Law and Practice. 2018; 1(1):
1–11p.

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