Religion affects all aspects of life in Saudi Arabia. The country’s Sunni Muslims – comprising about 90 per cent of the population – are governed by very conservative interpretations of Islam. The country’s religious police, the mutawwa’in often subject both women and men to harassment, torture (though it is officially outlawed) and physical punishment. Such cases are rarely presented in court.
Societal norms and rules are patriarchal, and women are perceived and treated as second-class citizens. As a result, women in Saudi Arabia continue to face discrimination in most areas of society. They have fewer rights than men in family matters, their freedom of movement is restricted, and their economic opportunities and rights are limited. Women’s actions and choices frequently depend on the permission or wishes of their mahram (i.e. husband or closest male relative).
Saudi women face various restrictions within the family context. In 2005, the country’s religious authority banned the practice of forced marriages. However, as legislation does not define a legal age of marriage, early marriage is common. The degree to which brides are involved in decisions surrounding their own marriages varies between families: the formal marriage contract is actually between the husband-to-be and the mahram of the bride. The 2004 United Nations report estimated that 16 per cent of Saudi girls between 15 and 19 years of age were married, divorced or widowed.
According to Islamic law, polygamy is legal: Muslim men may take as many as four wives, provided that they can support and treat all wives equally. The practice is reportedly on the decline in Saudi Arabia, for both demographic and economic reasons.
Saudi Arabian family law also discriminates against women in the area of parental authority. Legally, children belong to their father who has sole guardianship. In the event of divorce or the death of a husband, women are normally granted custody of daughters until they reach the age of nine and sons until they reach the age of seven. Older children are often awarded to the father or the paternal grandparents. Saudi women cannot confer citizenship to children born to a non-Saudi Arabian father.
Islamic law provides for detailed and complex calculations of inheritance shares. Women may inherit from their father, mother, husband or children and, under certain conditions, from other family members. However, their share is generally smaller than that to which men are entitled. Women, particularly in rural areas, are often deprived of their entitled share as they are considered to be dependents of their fathers or husbands.
Women in Saudi Arabia have little protection in relation to their physical integrity. There are no specific laws addressing the issue of violence against women, nor any adequate protection for victims. Incidents of domestic violence are rarely reported or even talked about publicly. So-called honour crimes are prevalent, typically involving cases in which a woman is punished or even killed by male family members for having brought “shame” on the family honour. Often, suspicion alone of a woman’s wrong-doing is enough to “justify” violence in the name of honour.
Saudi Arabia has a large expatriate population. Migrant women, many who work as domestic helpers, represent a particularly vulnerable group; they are sometimes subject to extremely poor living conditions and physical suppression.
Female genital mutilation is not a general practice in Saudi Arabia, but a report by Doumato suggests that it does occur among Shia Muslims in the Eastern Province, and possibly among some Bedouin groups.
Based on available evidence, Saudi Arabia seems to be a country of concern in relation to missing women.
In theory, women in Saudi Arabia have the legal right to access to land and access to property other than land, to engage in financial contracts and to have access to bank loans. However, these rights are largely restricted by other laws or social norms. The law requiring physical separation of unrelated men and women in all public areas limits the ability of women to independently own and manage any kind of assets. In addition, being subject to the will of their mahram effectively places women under the legal guardianship of men. For example, Doumato reports that women who want to establish their own businesses are obliged to hire a male manager in order to receive a commercial license.
Despite the many constraints on women’s economic participation, the Saudi population seems to have an increased awareness that improved economic opportunities for women would benefit everyone. Several initiatives to empower women have been introduced in recent years. For example, the Saudi Arabian General Investment Authority was established in 2004; this all-female investment centre facilitates investment in local businesses.
Women in Saudi Arabia have very few civil liberties. Their freedom of movement is severely restricted: they are forbidden from leaving their local neighbourhood without the company of their mahram. Women are not allowed to drive cars and need their mahram’s permission to travel by airplane, check into hotels or rent apartments. Saudi Arabia also applies rules of strict gender segregation: women are forbidden to be in physical contact with unrelated males, and unrelated men and women are separated in all public places. Mosques, most ministries and some public streets are reserved for men. Doumato reports that women have only limited access to parks, museums and libraries.
Legislation also curtails freedom of dress for women; they are required to cover themselves completely from head-to-toe when in public, including a full black cloak (abaya) and a face veil (niqba). In some parts of the country, women are increasingly choosing not to cover themselves fully. The Associated Press reports that such women run a serious risk of being harassed.
The Associated Press (2006), “A Look at the Wearing of Veils, and Disputes on the Issue, Across the Muslim World”, International Herald Tribune, Paris.
BBC (British Broadcasting Corporation) News (2005), Saudi Arabia Bans Forced Marriage, BBC, London, http://news.bbc.co.uk/.
CEDAW (Committee on the Elimination of Discrimination against Women) (2007), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Saudi Arabia, Combined Initial and Second Periodic Reports of States Parties, CEDAW/C/SAU/2, CEDAW, New York, NY.
Doumato, E.A. (2005), Women’s Rights in the Middle East and North Africa: Citizenship and Justice – Saudi Arabia Country Report, Freedom House Inc., Washington DC.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
US Department of State (2005), Country Reports on Human Rights Practices: Saudi Arabia, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
