Are The Male Guardianship Laws In Saudi Arabia, A Challenge To Human Rights Of Women As Advocated In Islam?
Keywords:
Saudi Arabia, Male Guardianship, Women, IslamAbstract
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.
References
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19. Quran 49:13 “People, We created you all from a single man and a single woman, and made you into races and tribes so that you should recognize one another. In God’s eyes, the most honored of you are the ones most mindful of Him: God is all knowing, all aware”.
20. Charter of Medina - The constitution of Medina was drafted by Prophet Muhammad PBUH for the peaceful co existence of different tribes and religious groups in Medina in 622 CE.
21. Adhaan- The call for prayer. The ‘muezzin’ calls out the adhaan five times a day from the minaret of the Mosque.
22. Quran 7:11 -[ Allah ] said, "What prevented you from prostrating when I commanded you?" [Satan] said, "I am better than him [Adam]. You created me from fire and created him from clay".
23. Quran 9:71 “The believing men and believing women are allies of one another. They enjoin what is right and forbid what is wrong and establish prayer and give zakah 1 and obey Allah and his messenger”.
24. (Hadith- Al Bukhari).
25. Surah An Nisa - The women, Chapter four and Surah Al Mumtahanah- The woman to be examined. Chapter 60.
26. Surah Maryam - Mary, Chapter number nineteen.
27. (National Constitution Kingdom of Saudi Arabia, 1992) “ The Kingdom of Saudi Arabia is a sovereign Arab Islamic state with Islam as its religion; God's Book and the Sunnah of His Prophet, God's prayers and peace be upon him, are its constitution, Arabic is its language and Riyadh is its capital”.
28. (National Constitution Kingdom of Saudi Arabia, 1992) “The state protects Islam; it implements its Shari'ah; it orders people to do right and shun evil; it fulfils the duty regarding God's call”. Saudi Arabian Policy regarding the “Male Guardianship” laws Ammarah Khalid JHRLP (2018) 1-11 © Law Journals 2018. All Rights Reserved Page 10
29. “The Organisation of Islamic Cooperation (OIC) (formerly Organization of the Islamic Conference) is the second largest inter-governmental organization after the United Nations which has membership of 57 states spread over four continents. The Organization is the collective voice of the Muslim world and ensuring to safeguard and protect the interests of the Muslim world in the spirit of promoting international peace and harmony among various people o f the world.” (About OIC).
30. IOC Charter Article 15- “The Independent Permanent Commission on Human Rights shall promote the civil, political, social and economic rights enshrined in the organisation’s covenants and declarations and in universally agreed hum an rights instruments, in conformity with Islamic values.” (About OIC).
31. Quran 228- ‘And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree over them’ The verse refers to this ‘degree’ in terms of physical strength and hence imposing more responsibility on men.
32. Quran 4:43 - ‘Men are the {qawwam} of women, because Allah has given the one more than the other, and because they support them from their means. ‘The verse only refers to the role of a man’s life in a woman’s as advisors and maintainers provided they support them with their livelihood.
33. Quran 9:71 “The believing men and believing women are allies of one another. They enjoin what is right and forbid what is wrong and establish prayer and g ive zakah 1 and obey Allah and his messenger”.
34. Quran 4:11 - Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or si sters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.
35. (Hadith- Al Bukhari).
36. (Hadith- Al Bukhari).
37. (Ministry Enforces Travel Rules for Women Students, 2007).
38. (Nasr, 2013).
39. Quran 4: 32 - “Whatever men earn, they have a share of that and whatever women earn, they have a share in that”.
40. (Perpetual Minors, 2008).
41. (National Constitution Kingdom of Saudi Arabia, 1992). The state protects Islam; it implements its Shari'ah; it orders people to do right and shun evil; it fulfils the duty regarding God's call.
42. (Saudi Labor Code, 2006).
43. (Khalifa, 2011).
44. Brunei: Nei ther men nor women are allowed to vote, as Brunei is an absolute monarchy and does not hold elections on a national level. Adults (men and women) although are allowed to vote for village leaders. Vatican: The country is ruled by the pope, who is chosen by the cardinals. Since Christianity does allow women to become priests, women cannot participate in the elections.
45. Quran 60:10- 60:12.
46. (hibri, 1997).
47. (hibri, 1997).
48. Quran 42:38 -“Their (Muslims) affairs are decided through consultation among them”.
49. Quran 60 :12- “O Prophet, when the believing women come to you pledging to you that they will not associate anything with Allah, nor will they steal, nor will they commit unlawful sexual intercourse, nor will they kill their children, nor will they bring forth a slander they have invented between their arms and legs, nor will they disobey you in what is right - then accept their pledge and ask forgiveness for them of Allah. Indeed, Allah is Forgiving and Merciful”.
50. (Women's Rights in Islam, 2006). JHRLP (2018) 1-11 © Law Journals 2018. All Rights Reserved Page 11
51. Quran 5:8 - God s ays in the Quran, “You who believe, be steadfast in your devotion to God and bear witness impartially: do not let hatred of others lead you away from justice, but adhere to justice, for that is closer to awareness of God. Be mindful of God: God is well awa re of all that you do”.
52. Quran 31:14 - “And we have enjoined upon man (to be good) to his parents: his mother bears him in weakness upon weakness”.
53. Quran 46:15 “And We have enjoined upon man, to his parents, good treatment. His mother carried him with hardship and gave birth to him with hardship, and his gestation and weaning [period] is thirty months. [He grows] until, when he reaches maturity and reaches [the age of] forty years, he says, "My Lord, enable me to be grateful for Your favor which You have bestowed upon me and upon my parents and to work righteousness of which You will approve and make righteous for me my offspring. Indeed, I have repented to you, and indeed, I am of the Muslims".
54. (Hadith- Al Bukhari) and the Muslim.
55. (Perpetual Minors, 2008).
56. Quran 5:32 -“Whoever kills a soul unless for soul or for corruption [done] in the land- it is as if he had slain mankind entirely. Whoever saves one -it is as if he had saved the mankind entirely”.
57. (Saudi Arabia: New Law to Criminalize Domestic Abuse, 2013).
58. (National Constitution Kingdom of Saudi Arabia, 1992) “The state protects Islam; it implements its Shari'ah; it orders people to do right and shun evil; it fulfils the duty regarding God's call”. Cite this Article Ammarah Samar Khalid. Are the Male Guardianship Laws in Saudi Arabia, A Challenge to Human Rights of Women as Advocated in Islam?. Journal of Human Rights Law and Practice . 2018; 1(1): 1–11p.
