Arabia Saudita Tabla

1
SAUDI ARABIA
OVERVIEW OF MUSLIM FAMILY LAWS & PRACTICES
(Updated as at March 2018)
Description
Family Law Matter
Legislative Framework Case Law Policy Procedure Practice
Equality of Article 8 of the Basic Law Saudi Arabia has a A woman is placed According to the 2016
spouses in states that Saudi Arabia is general reservation under the UNDP Human
marriage established on the to CEDAW as guardianship of her Development Report,
foundation of justice, follows: “In case of husband upon Saudi Arabia ranked 38
Is there a consultation (shura) and contradiction signature of the on the UNDP Human
Constitutional equality in compliance with between any term of marriage contract.
12
Development Index and
provision on 2
Shari’ah. The Basic Law the Convention and 50 on the UNDP Gender
equality and are does not specifically the norms of Islamic Until 2014, women Inequality Index.
15
there exceptions? guarantee gender equality.

3
law, the Kingdom is may only have However, according to
Are there specific not under obligation access to the the 2016 World
laws that recognise to observe the courts for legal Economic Forum Global
marriage as a contradictory terms Gender Gap Report,
Under the Judiciary Law of redress if two of her
partnership of of the Convention.” Saudi Arabia ranked 141
equals i.e. are 2007, the court system is male relatives
composed of First instance In addition, Saudi identify them for out of 144 on the Global
family laws and/or Arabia has specific Gender Gap Index.
16
other laws relating courts, followed by Courts of who they are.13 In
appeal and finally the reservations on
to marriage and 2014, the Supreme
Supreme Court. The First Articles 9(2) and
family relations 29(1) of the Judicial Council
codified or instance courts are In September 2016, an
4 Convention.
10 issued a decision to
uncodified? If composed of the following: unprecedented petition
annul the

1 This Musawah project to map Muslim Family Laws globally was led by Zainah Anwar and coordinated by Lead Researcher Sharmila Sharma, with
substantive support from Salma Waheedi and students at the International Human Rights Clinic, Harvard Law School. For this Saudi Arabia country table,
we would also like to thank Vaishali Sharma and Gianna Ceophas from Harvard Law School, and Hatoon Alfassi and Mida Zantout for their inputs in its
preparation.
2
Article 8 of Saudi Arabia’s Basic Law (2005), https://www.constituteproject.org/constitution/Saudi_Arabia_2005.pdf
3
OECD Development Centre, “Saudi Arabia”, Social Institutions and Gender Index, 2013, p. 1,
http://www.genderindex.org/sites/default/files/datasheets/SA.pdf
4
Article 9 of the Law of the Judiciary (2007), http://www.wipo.int/wipolex/en/text.jsp?file_id=328937; Esther van Eijk, “Sharia and National Law in Saudi
Arabia”, in Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present, ed. Jan Michiel Otto
(Leiden, The Netherlands: Leiden University Press, 2010), pp. 159-160,

codified, what are • General courts; requirement and calling for an end to the
the titles of all the • Penal courts; substituted it with male guardianship
applicable laws? If • Family courts; In April 2017, a royal system was presented to
decree was issued the woman’s
codified, do these • Commercial courts; and Royal Court after gaining
stating that women national ID.14
laws apply to all • Labour courts. thousands of signatures.
citizens irrespective are not required to The reaction to the
of religion? If not, obtain consent from petition from Muslim
The Family courts started in their guardians for
do these laws apply clerics were diverse. On
independent buildings and services provided to
to all Muslims or 5 the one hand, the Grand
structure in 2014. them by government
are there different Mufti Sheikh Abdul Aziz
codified laws for agencies “unless al-Sheikh proclaimed
different sects there is a legal basis that calls to repeal the
within Islam? If for this request in guardianship system are
uncodified, or if accordance with the “a crime against the
Saudi Arabia does not have provisions of Islamic
codified laws do not religion of Islam” and
codified laws relating to Shari’ah.” However,
sufficiently address 6 posed “an existential
marriage and the family. the implementation
a particular issue, threat to Saudi
These areas are governed of the decree is still 17
how is the issue society.” On the other,
by a combination of: (i) uncertain as it does
addressed e.g. a member of the Council
Shari’ah principles, which in not state under what
what Muslim school of Senior Scholars,

https://openaccess.leidenuniv.nl/bitstream/ha dle/1887/21170/file221087.pdf?sequence=1; OECD Development Centre, Social Institutions and Gender
Index: Saudi Arabia, 2013, p. 1, http://www.genderindex.org/sites/default/files/datasheets/SA.pdf; Saudi Women for Reform, “Saudi Arabia Shadow Report”,
th
Submission to the CEDAW Committee for the 40 Session, 2007, p. 2,
http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/SAU/INT_CEDAW_NGO_SAU_40_10011_E.pdf.
10
United Nations Treaty Collection Website: https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&clang=_en
12
Human Rights Watch, “Boxed in: Women and Saudi Arabia’s Male Guardianship System”, 2016, p. 16,
https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0716web.pdf
13 th
Saudi Women for Reform, “Saudi Arabia Shadow Report”, Submission to the CEDAW Committee for the 40 Session, 2007, p. 12,
http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/SAU/INT_CEDAW_NGO_SAU_40_10011_E.pdf
15
UNDP, “Human Development Report 2016”, Table 5, pp. 214-217, http://hdr.undp.org/sites/default/files/2016_human_development_report.pdf
16
World Economic Forum, “Global Gender Gap Report 2016”, Table 3, pp. 10-11,
http://www3.weforum.org/docs/GGGR16/WEF_Global_Gender_Gap_Report_2016.pdf
5
Information obtained from Saudi advocate, January 2017
6
Esther van Eijk, “Sharia and National Law in Saudi Arabia”, in Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim
Countries in Past and Present, ed. Jan Michiel Otto (Leiden, The Netherlands: Leiden University Press, 2010), p. 163,
https://openaccess.leidenuniv.nl/bitstream/ha dle/1887/21170/file221087.pdf?sequence=1; The Arab Gulf States Institute in Washington, “Personal Status
Laws in the Gulf States”, 2016, http://www.agsiw.org/personal-status-laws-in-the-gulf-states-past-event/
14
17
Josie Ensor, “Saudis File First-Ever Petition to End Male Guardianship”, The Telegraph, 26 September 2016,
http://www.telegraph.co.uk/news/2016/09/26/saudis-file-first-ever-petition-to-end-male-guardianship/

of law is turn is primarily based on the circumstances a Sheikh Abdulla Al-
applicable? Do rules of Hanbali woman should or Maneei, declared that
these laws explicitly jurisprudence (fiqh) of the should not obtain there is no guardianship
state gender- Sunni School; and (ii) judicial the consent of her over adult sane women.
stereotypical roles precedence, whereby guardian for A guardian is only
18
between husbands individual judges have services provided to required for marriage.
and wives e.g. the significant discretionary her. Feminists are of
husband is the power when deciding cases the view that the According to information
19
head of the as well as interpreting and decree codifies the on the ground:
household or the applying the uncodified laws rights of Saudi • Human rights lawyers
wife is the primary relating to marriage and the women to access a and feminists rely on
7
caregiver? family. job, higher Article 8 of the Basic
education or medical Law to call upon the
procedures and to Saudi government to
Applicable CEDAW There is no equality of exit prison, among meet its obligations to
spouses in marriage. Saudi others without a ensure gender
Provision
guardian’s equality in Saudi
Arabia practices a strict male
Article 16(1)(c) permission.
11 Arabia. This is despite
guardianship system, which, the fact that the
Paras. 17-18 GR21 until April 2017, was phrase “in compliance
loosened by a royal decree. with Shari’ah” has
Paras. 54-55 GR29 Pending clarification on the proven to be an
implementation of the royal obstacle in advocacy
decree, all women must work in this regard;
20
have a male guardian whose

permission must be granted • When adjudicating a
for anything from marriage case, a judge is
to travel, renting a flat, empowered to rely on
medical procedures and their personal

7
https://openaccess.leidenuniv.nl/bitstream/ha dle/1887/21170/file221087.pdf?sequence=1; OECD Development Centre, Social Institutions and Gender
Index: Saudi Arabia, 2013, p. 1, http://www.genderindex.org/sites/default/files/datasheets/SA.pdf
11
Faisal Al Nasser, “Cautious welcome to Saudi decree over guardian system”, Al Jazeera, 6 May 2017, http://www.aljazeera.com/news/2017/05/saudi-
decree-guardian-system-170505210416738.html; Lulwa Shalhoub, “Saudi women no longer need guardian’s consent to receive services”, Arab News, 5
May 2017, http://www.arabnews.com/node/1094681/saudi-arabia
18
Fatima Al-Dubais, “There is no guardianship over women except in marriage”, Okaz, 7 September 2016, www.goo.gl/yS2ba0
19
20 Information obtained from Saudi advocate, January 2017

even exiting prison upon understanding of the
serving a sentence. Under theoretically 600
the male guardianship books on Hanbali fiqh.
system, initially, a woman is While they may refer
under the legal guardianship to the books from the
of her father. When she other schools of law,
21
they rarely do.
marries, her husband
becomes her new guardian.
When a guardian dies or a According to reports by
woman divorces, a new the US Commission on
guardian is appointed. It is International Religious
generally the next oldest Freedom and the media,
male relative. Guardianship Saudi Arabia is due to
may revert to a woman’s submit its “first personal
younger brother or son if she status law in its history”
does not have older male to the Royal Court by the
8
relatives. end of 2016. The
personal status law is
said to have been
Notes: developed “following
thorough studies and
Shias have their own courts judicial provisions
which are geographically developed by the
limited to the Qatif and Ahsa Ministry of Justice with
governorates. Similarly, laws the participation of
relating to marriage and the committees representing
family are not codified. Shia several bodies including
courts apply the rules of the human rights entities
9
Jafari jurisprudence. This

8
Human Rights Watch, “Boxed in: Women and Saudi Arabia’s Male Guardianship System”, 2016, pp. 1, 16,
https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0716web.pdf; Josie Ensor, “Saudis File First-Ever Petition to End Male Guardianship”, The
Telegraph, 26 September 2016, http://www.telegraph.co.uk/news/2016/09/26/saudis-file-first-ever-petition-to-end-male-guardianship/; Faisal Al Nasser,
“Cautious welcome to Saudi decree over guardian system”, Al Jazeera, 6 May 2017, http://www.aljazeera.com/news/2017/05/saudi-decree-guardian-
system-170505210416738.html; Lulwa Shalhoub, “Saudi women no longer need guardian’s consent to receive services”, Arab News, 5 May 2017,
http://www.arabnews.com/node/1094681/saudi-arabia
9
Information obtained from Saudi advocate, January 2017; USCIF, “Saudi Arabia”, Tier 1: USCIRF-Recommended Countries of Particular Concern, 2017, p.
6, http://www.uscirf.gov/sites/default/files/SaudiArabia.2017.pdf; Global Security, “Saudi Arabia: Shias”, http://www.globalsecurity.org/military/world/gulf/sa-
shia.htm.

table primarily discusses the and the Family Security
22
position of personal status of Programme.” Based on
Saudi Sunni Muslims. information on the
ground, the personal
status law has still not
23
been released.

21
Information obtained from Saudi advocate, January 2017; Esther van Eijk, “Sharia and National Law in Saudi Arabia”, in Sharia Incorporated: A
Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present, ed. Jan Michiel Otto (Leiden, The Netherlands: Leiden
University Press, 2010), pp. 161-162, https://openaccess.leidenuniv.nl/bitstream/ha dle/1887/21170/file221087.pdf?sequence=1
22
USCIF, “Saudi Arabia”, Tier 1: USCIRF-Recommended Countries of Particular Concern, 2017, p. 6,
http://www.uscirf.gov/sites/default/files/SaudiArabia.2017.pdf; Arab News, “Work on provisions of personal status laws ‘nearly completed’”, Arab News, 28
July 2016, http://www.arabnews.com/node/960846/saudi-arabia
23

Minimum and There is no minimum age for According to Saudi Arabia Those who marry According to a media
24
equal legal age for marriage. media reports, in acceded to the under the age of 18 report, there were 5,622
marriage December 2008, Convention on the require the approval marriages involving child
The implementing regulation a judge, Sheikh Rights of the Child in of an advisory brides under the age of
Is there a minimum of the Law on Child Habib Abdallah 1996, with a general committee before a 14 in 2012.
33
age of marriage? Protection states that “before al-Habib, reservation as marriage document
Are there contracting a marriage, it is refused to annul follows: “The can be issued. The According to UN World
exceptions to the mandatory to ensure that a marriage of an Government of committee consists of Marriage Data 2015, the
minimum age (e.g. marrying a person below 18 8-year old girl Saudi Arabia enters a group of average of first marriage
min. age at 18, with years of age would not result with a 47-year reservations with psychology and among Saudi Arabian
exceptions to 16)? in harm to the person and old man when respect to all such health specialists females and males was
Is there an absolute would achieve his best he rejected a articles as are in who conduct an 24.9 and 28.0 in 2007,
34
minimum age interest, whether a male or a petition by the conflict with the examination of each respectively.
25
without exceptions? female.” girl's mother, provisions of Islamic case and interview
Is there equality in whose lawyer law.”
28
any girl below 18 in
the minimum age of said the private and without According to information
marriage? Does the marriage was the presence of the on the ground, the
minimum age of arranged by her parents.
31
procedure of
marriage match the In 2009, the Grand
father to settle a Mufti Sheikh Abdul interviewing a girl below
age of majority? Is debt with "a 18 before a marriage
there a minimum Aziz al-Sheikh
close friend." declared that girls as It is possible to seek document can be issued
age verification The judge is not commonly
process before the young as 10 were the assistance of the
required the marriageable.
29
National Human followed since it is only
marriage is girl's husband to advisory in nature.
35
concluded? Rights Society

sign a pledge (NHRS) to intervene
that he would in a child marriage. In
In 2013, the Ministry
not have sex 2009, the NHRS
Applicable CEDAW of Justice proposed
with her until intervened to stop the
Provision that the minimum
she reaches marriage of an 11-
26 age of marriage be
puberty. The year-old girl and a
16. However, the
girl was

24
Saudi Arabia State party report, U.N. Doc. CRC/C/SAU/3-4 (2015), para. 72,
http://www.ohchr.org/EN/HRBodies/CRC/Pages/CRCIndex.aspx#sthash.cDNPOz37.dpuf

26
CNN, “Top Saudi Cleric: OK for Young Girls to Wed”, CNN, 17 January 2009, http://edition.cnn.com/2009/WORLD/meast/01/17/saudi.child.marriage/
28
United Nations Treaty Collection Website: https://treaties.un.org/pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-11&chapter=4&lang=en#EndDec
29
CNN, “Top Saudi Cleric: OK for Young Girls to Wed”, CNN, 17 January 2009, http://edition.cnn.com/2009/WORLD/meast/01/17/saudi.child.marriage/

Article 16(2) eventually proposal faced 40-year-old man, who
allowed to strong resistance by had six children from
Paras. 36-39 GR21 divorce her the Grand Mufti.
30
his first marriage. The
husband case was brought to
through an out- the attention of the
of-court NHRS by the girl’s
27
settlement. teenage brothers as
both the parents had
agreed to the child
marriage despite the
experiences of the
girl’s elder sister who
was in a child
marriage and who
32
was divorced by 20.
Women’s consent Regardless of their age, both In April 2005, the It is incumbent upon According to academic
to marriage prospective brides and Grand Mufti Sheikh the groom and the research, reports by civil

31
http://www.ohchr.org/EN/HRBodies/CRC/Pages/CRCIndex.aspx#sthash.cDNPOz37.dpuf
33
Staff Report, “More than 5,000 Child Brides in Saudi Arabia”, Gulf News, 8 November 2012, http://gulfnews.com/news/gulf/saudi-arabia/more-than-5-000-
child-brides-in-saudi-arabia-1.1101605
34
United Nations Population Division, “World Marriage Data 2015”, https://esa.un.org/ffps/Index.html#/maritalStatusData
35
27
AP, “Saudi girl, 8, divorces 50-year old husband”, NBC News, http://www.nbcnews.com/id/30501798/ns/world_news-mideast_n_africa/t/saudi-girl-divorces--
year-old-husband/#.WFaQXfl97IU.
30
Tara Abhasakun, “Exposing UNICEF’s dirty laundry: Why the UN won’t punish Saudi Arabia for its child marriage problem”, Borderless, 23 October 2016,
http://www.borderlessnewsonline.com/exposing-unicefs-dirty-laundry-why-the-un-wont-punish-saudi-arabia-for-its-child-marriage-problem/
32
Abdul Rahman Shaheen, “Human rights body intervenes to stop child marriage in Saudi Arabia”, Gulf News, 8 July 2009,
http://gulfnews.com/news/gulf/saudi-arabia/human-rights-body-intervenes-to-stop-child-marriage-in-saudi-arabia-1.500470

grooms must consent to the Abdul Aziz al-Sheikh official officiating the society report and the
36
marriage. issued a statement marriage (imam) to media as well as
Is a marriage valid saying that the get the consent of the information on the
without the Council of Senior prospective bride ground, in practice, it is
woman’s consent? Scholars had ruled before concluding the not uncommon for
Is the practice of Marriage can only take place
with the free and full consent that forced marriage. Generally, women (especially
forcing women to marriages are “a a woman’s consent is young women) to be
marry against their and forced marriage is
prohibited under the Islamic major injustice” and given orally before forced into unwanted
will (ijbar) 37 “un-Islamic.” the imam and both marriages because the
prohibited? Is there Sharia.
According to the the woman and her guardianship system
a standard statement: “Forcing male guardian are renders women
marriage contract? a woman to marry required to sign the vulnerable to abuse.
43
If so, what are its someone she does marriage contract.
39
For instance :
broad provisions not want and
and is there preventing her from In 2016, the Justice • The consent of the
anything particular wedding whom she Ministry issued a male guardian is
in the contract that directive stating that often deemed
chooses … is not
ought to be women must be sufficient proof of
permissible. Anyone
highlighted on the provided a copy of a bride’s
who insists on acceptance;
basis that it forcing a woman … the marriage
40
advances women’s to marry against her contact.
rights or otherwise? • The imam rarely asks
will is disobeying There is a a woman to show her
Is it mandatory to God and His prophet standardised face or compare it
register a (Mohammed) under marriage contract. It with her ID. This
marriage? Islamic law.”
38
makes it easy for any
is a simple form

36
http://www.ohchr.org/EN/HRBodies/CRC/Pages/CRCIndex.aspx#sthash.cDNPOz37.dpuf; Tahirih Justice Centre, “Saudi Arabia”, Forced Marriages
Overseas, http://preventforcedmarriage.org/forced-marriage-overseas-saudi-arabia/
37 Saudi Arabia Reply to List of Issues, U.N. Doc. CEDAW/C/SAU/Q/3-4/Add.1, para 41,
http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/CEDAWIndex.aspx
38
Agencies, “Grand Mufit bans force marriages in Saudi Arabia”, Gulf News, 13 April 2015, http://gulfnews.com/news/gulf/saudi-arabia/grand-mufti-bans-
forced-marriages-in-saudi-arabia-1.284338; BBC, “Saudi Arabia bans forced marriage”, BBC, 12 April 2015,
http://news.bbc.co.uk/2/hi/middle_east/4437667.stm
39 Staff Writer, “Saudi Grooms Told Verbal Approval Required From Bride to Marry”, Gulf Business, 28 July 2016, http://gulfbusiness.com/saudi-grooms-told-
verbal-approval-required-bride-marry
40
Information obtained from Saudi advocate, January 2017; Human Rights Watch, “Boxed in: Women and Saudi Arabia’s Male Guardianship System”, 2016,
p. 49, https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0716web.pdf; )

41
Applicable CEDAW that: woman to consent
Provision answer on her
• Asks for the 44
behalf;
Article 16(1)(b) amount of the
dower (mahr); Forced marriages and
Paras. 15-16 GR21 • Permits child marriages are
stipulations to be difficult to annul, as
Paras. 25-26, 33-34
made by the women must prove the
GR29 contracting absence of their consent
parties; through “impossible”
measures such as not
• Requires the attending the wedding
intended bride to party or not allowing
specify whether their husband to
she is a virgin, consummate the
45
widow, or marriage.
divorcee but does
not require the Under-age marriage can
same information be difficult to annul in the
of the man. absence of media or
other public
46
interventions .
Registration of the
marriage is
mandatory following
which, a new ID is
issued for the
42
family.

43
Information obtained from Saudi advocate, January 2017; Human Rights Watch, “Boxed in: Women and Saudi Arabia’s Male Guardianship System“,
(2016), p. 49, https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0716web.pdf; Maha Yamani, “Polygamy and Law in Contemporary Saudi Arabia”
(UK: Ithaca Press, 2008), p. 84; Abdul Rahman Shaheen, “Human rights body intervenes to stop child marriage in Saudi Arabia”, Gulf News, 8 July 2009,
http://gulfnews.com/news/gulf/saudi-ara Information received from Saudi advocate, February 2018bia/human-rights-body-intervenes-to-stop-child-marriage-
in-saudi-arabia-1.500470
41
Eleanor Abdella Doumato, “Saudi Arabia”, in Women’s Rights in the Middle East and North Africa: Progress Amid Resistance, eds. Sanja Kelly and Julia
Breslin (New York, NY: Freedom House; Lanham, MD: Rowman & Littlefield, 2010), pp. 8-9,
https://freedomhouse.org/sites/default/files/inline_images/Saudi%20Arabia.pdf
42
Website of the Ministry of Interior: https://goo.gl/W8TZhZ; Information obtained from Saudi advocate, January 2017
44 Information received from Saudi advocate, February 2018.
Women’s capacity Regardless of her age, a Adel cases are In 2016, the Ministry Both the wife and Although a bride has the
to enter into woman requires the consent often resolved in of Justice removed husband can right to marry whomever
marriage of a marital guardian (wali) favour of the from its website negotiate their she chooses and she
to marry. If a guardian guardian as “faskh al-nikah li marriage rights prior can negotiate her
53
continually opposes her judges often ‘adam takafu’ al- to marriage. marriage contract, in
Is consent of a marriage (adel), the woman respect a nasab” (divorce for practice, according to
marital guardian may file a case in court guardian’s lack of genealogical academic research, civil
52
(wali) required? If whereby the judge may decision compatibility). society and information
54
so, can a woman authorise the marriage after regarding the on the ground:
choose her own determining the suitability of suitability of a
47 49
wali? Can a woman the marriage. marriage. In
go before a court or 2010, in the • It is possible for any
other competent case of Samar woman to answer the
authority to seek Any male relative of a Badawi, the marriage officer on
permission to marry woman may petition the judge not only behalf of the bride
if her wali refuses to court to revoke a marriage ruled in favour of because of the veiling
consent to her on the ground that the the father, he practice;
marriage? Can a marriage is unfit, which is also accused
woman negotiate based mainly on Samar of • There are instances
parental when the marriage
her martial rights genealogical
48 disobedience contract is drawn up
prior to marriage incompatibility.
by the woman’s male

45 Human Rights Watch, “Boxed In: Women and Saudi Arabia’s Male Guardianship System”, (2016), p. 39,
46 Summary of stakeholders’ submission to the universal period review of Saudi Arabia, U.N. Doc. A/HRC/WG.6/17/SAU/3 (2013), p. 7,
http://www.ohchr.org/EN/HRBodies/UPR/Pages/SAindex.aspx
47
Information obtained from Saudi advocate, January 2017; Human Rights Watch, “Boxed in: Women and Saudi Arabia’s Male Guardianship System”,
2016, p. 49, https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0716web.pdf; Staff Writer, “Saudi Grooms Told Verbal Approval Required From
Bride to Marry”, Gulf Business, 28 July 2016, http://gulfbusiness.com/saudi-grooms-told-verbal-approval-required-bride-marry
48 th
http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/SAU/INT_CEDAW_NGO_SAU_40_10011_E.pdf; Hatoon al-Fassi, “Mansour and
Fatima and the Victory of the Muslim State over Tribal practices”, Al-Riyadh, February 2010, http://www.alriyadh.com/498377
49
Information obtained from Saudi advocate, January 2017; Human Rights Watch, “Boxed in: Women and Saudi Arabia’s Male Guardianship System”,
2016, p. 49, https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0716web.pdf; Staff Writer, “Saudi Grooms Told Verbal Approval Required From
Bride to Marry”, Gulf Business, 28 July 2016, http://gulfbusiness.com/saudi-grooms-told-verbal-approval-required-bride-marry

and can these (‘uquq) and sent relatives (not the
50
rights be changed her to prison. woman herself). Thus,
during marriage? If in these instances,
so, who can change the stipulations in the
these rights and contract depend on
In 2006, in the what the bride’s family
under what case of Fatimah is willing to negotiate
circumstances e.g. al-Azzaz, upon for her;
mutual consent? the death of
Fatimah’s father,
her half-brothers • The common
Applicable CEDAW petitioned the stipulations a wife
Provision court to revoke inserts into the
marriage contract
the marriage
Articles 16(1)(a), relate to her right to
between
16(1)(b) continue her
Fatimah and her education and her
Paras. 15-16 GR21 husband, right not to be housed
Mansour al- with her husband’s
Para. 34 GR29 Taymani. family;
Fatimah’s half-
brothers had
claimed that • The common
Mansour stipulations a
belonged to a husband inserts into
the marriage contract
tribe of lower
include forbidding the
genealogy.
wife from leaving the
Although by the house within his
time the petition permission (main
was filed in stipulation), requiring

52
53
L.L Wynn, “Marriage Contracts and Women’s Rights in Saudi Arabia: Mahr, Shurut, and Knowledge Distribution”, 2008,
https://www.researchgate.net/publication/275644031; Maha Yamani, “Polygamy and Law in Contemporary Saudi Arabia” (UK: Ithaca Press, 2008), p. 107
54 th
http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/SAU/INT_CEDAW_NGO_SAU_40_10011_E.pdf; Maha Yamani, “Polygamy and Law in
Contemporary Saudi Arabia” (UK: Ithaca Press, 2008), p. 107; L.L Wynn, “Marriage Contracts and Women’s Rights in Saudi Arabia: Mahr, Shurut, and
Knowledge Distribution”, 2008, https://www.researchgate.net/publication/275644031
50
Amanda Figueras, “Saudi Samar’s Activist Struggle: Samar Badawi”, The Islamic Monthly, 1 April 2015, http://theislamicmonthly.com/saudi-samars-activist-
struggle-samar-badawi/; Edwin Mora, “Saudi Arabia Arrests Hilary Clinton’s ‘Woman of Courage’ Award-Winner”, Breitbart, 13 January 2016,
http://www.breitbart.com/national-security/2016/01/13/female-activist-who-got-courage-award-from-hillary-clinton-arrested-by-saudis/

court, Fatimah that the wife not
and Mansour spend his money
already had a without his permission
daughter and a and forbidding the
son, the court wife from admitting
ruled in favour of individuals into the
marital home whom
the half-
he does not approve
brothers.
of.
Fatimah and
Mansour lost
their appeal. Although the Ministry of
Fatimah was Justice has removed
imprisoned with divorce for lack of
her children genealogical
(one was only compatibility from its
two months old) website, the practice of
for not accepting male relative seeking to
the court ruling revoke a marriage on
and not wanting that ground and the
to go to her half- court procedure of
brothers’ house. dealing with such cases
She also had no continue. It is also not
other safe place uncommon for husbands
to go. Fatimah to be rightly or wrongly
and Mansour accused of deceit
were only regarding their
reunited when genealogy in these
she was cases prior to the
pardoned. Their conclusion of the
55
case set a marriage.
precedent for
other similar
court cases i.e.
where relatives
contested a

55
Mohammed al-Sulaymi, “Fraud, Deceit about Lineage Prompts Court Ruling Forcing Wife to Divorce Husband”, Arab News, 11 October 2016,
http://www.arabnews.com/node/996551/saudi-arabia

marriage on the
grounds of the
pre-Islamic
practice of non-
compatible
51
genealogy.
Polygamous A Muslim man may marry up In 2001, the Grand A woman may not Available data suggests
marriages to four wives at one time Mufti issued a stipulate in the that polygamy is
without much restrictions religious ruling marriage contract common in Saudi
61
e.g. no requirement to seek (fatwa) calling upon that her husband Arabia. In 2016:
Does the law permission of the court for or Saudi women to cannot take on
to inform his existing wife of accept polygamy as another wife. • More than half a
prohibit polygamy million Saudi men
or impose strict the new marriage. The only part of the “Islamic However, she may
(about 5% of Saudi
conditions on such requirement is that he can package” and make stipulations in
men) were reported to
practice? Is the support and treat his wives declaring that her marriage contract
56 60 have more than one
permission of the equally. polygamy was stating that: wife at a time;
62
court required for a necessary to fight

polygamous against the growing • Around 73,000 men
marriage? Is the Temporary (misyar) epidemic of • She be divorced if aged 25-49 engaged
58
permission of an marriages, which involve the spinsterhood. her husband takes in polygamous
existing wife wife waiving her rights to on an additional relationships; men
required for a maintenance, wife; aged 50-54 came in
the second place and
polygamous accommodation and In 2006, the
• The polygamous more than 16,000
marriage? Is it cohabitation with the International Islamic
husband pay her a men aged 60-64 were
necessary to inform husband, are legal and Fiqh married to at least
an existing wife of common.
57 certain amount of
Academy issued a money; and three women at a

51 th
http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/SAU/INT_CEDAW_NGO_SAU_40_10011_E.pdf; Hatoon al-Fassi, Mansour and Fatima
and the Victory of the Muslim State over Tribal practices, Al-Riyadh (2010), http://www.alriyadh.com/498377
56
Information obtained from Saudi advocate, January 2017; OECD Development Centre, “Saudi Arabia”, Social Institutions and Gender Index, p. 1,
http://www.genderindex.org/sites/default/files/datasheets/SA.pdf
57
Maha Yamani, “Polygamy and Law in Contemporary Saudi Arabia” (UK: Ithaca Press, 2008), p. 107; Lynn Welchman, “Women and Muslim Family Laws in
Arab States: A Comparative Overview of Textual Development and Advocacy”, (Amsterdam: Amsterdam University Press, 2007), p. 54,

the polygamous fatwa permitting time.
marriage? Are temporary (misyar) • She and her
temporary marriages provided children be given a According to academic
marriages such as the bride’s guardian separate house to research, women are
traveler’s marriages and two witnesses live in with their often reluctant to insert
(misyar) are present and the children. polygamy-related
recognised? Is it contract is stipulations into their
necessary to concluded on marriage contracts
register a mutually agreed because society
polygamous upon and binding (including women) deem
59 such demands
marriage? Can a conditions.
63
woman stipulate in shameful. In addition,
the marriage the enforcement of such
64
contract that her stipulations is difficult.
intended husband
cannot enter into a
polygamous According to academic
marriage? research, media reports
and information on the
ground, a number of
Applicable CEDAW women engage in
Provision polygamous unions as
they prefer to be married
Para. 14 GR21 and enjoy a more
‘respectable’ social

https://goo.gl/AeQSDU; Saudi Gazette, “Unable to afford marriage expenses, young men go for ‘misyar’”, Saudi Gazette, 29 October 2015,
http://saudigazette.com.sa/saudi-arabia/unable-to-afford-marriage-expenses-young-men-go-for-misyar/
58
IBP Inc., “Saudi Arabia Criminal Laws, Regulations and Procedures”, (USA: IBP Inc., 2015), p. 97,
60
https://www.researchgate.net/publication/275644031
61
Staff writer, “Over half million Saudi men engaged in polygamy, report shows”, Al Arabiya, 2016, http://english.alarabiya.net/en/variety/2016/10/25/Over-
half-million-Saudi-men-engaged-in-polygamy-in-2016-report-shows.html
62
According to the General Authority for Statistics, there were about 10.2 million Saudi men in 2016, https://www.stats.gov.sa/en/5305
59
Countries in Past and Present, ed. Jan Michiel Otto (Leiden, The Netherlands: Leiden University Press, 2010), pp. 164-165,
https://openaccess.leidenuniv.nl/bitstream/ha dle/1887/21170/file221087.pdf?sequence=1
63
https://www.researchgate.net/publication/275644031
64

Para. 34 GR29 status. Marriage may
give a woman more
freedom to pursue her
own interests in life,
such as studying or
working. This is
especially true for those
divorced well-off mothers
who enter into a misyar
marriage for the
company and because
they need a man to carry
out administrative
65
duties.
According to a media
report, misyar marriages
are on the rise in Saudi
Arabia due to
unaffordable living
66
expenses.
In 2017 the hashtag
“we-demand-that-
polygamy-becomes-
compulsory” was
trending on Saudi
Twitter, indicating
popular support for the
practice of polygamy

65
Information obtained from Saudi advocate, January 2017; Matt Young, “Rising number of spinsters and divorced women in Saudi Arabia leads to polygamy
push”, New.com, 11 January 2017, http://www.news.com.au/lifestyle/relationships/marriage/rising-number-of-spinsters-and-divorced-women-in-saudi-
arabia-leads-to-polygamy-push/news-story/a5c40bc6bd190db41a72702e87f9eadc; Esther van Eijk, “Sharia and National Law in Saudi Arabia”, in Sharia
Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present, ed. Jan Michiel Otto (Leiden, The
Netherlands: Leiden University Press, 2010), p. 165, https://openaccess.leidenuniv.nl/bitstream/ha dle/1887/21170/file221087.pdf?sequence=1
66
Saudi Gazette, “Unable to afford marriage expenses, young men go for ‘misyar’”, Saudi Gazette, 29 October 2015, http://saudigazette.com.sa/saudi-
arabia/unable-to-afford-marriage-expenses-young-men-go-for-misyar/

which could further
discourage women
who do not wish to
participate in
polygamous
marriages.67
Divorce rights Women do not enjoy an In 2009, a court Although the Saudi Arabia has a
equal right to divorce as in the Red Sea husband is the relatively high rate of
men. Men have the right to city of Jeddah guardian of his wife, divorce which has
Is there equal right unilaterally divorce without finalised the the latter can petition exponentially increased
to divorce between any restrictions while women divorce of a the court for a divorce in the recent years.
women and men? have to satisfy specific and woman whose without the husband’s Number of divorce cases
78
Can the husband limited grounds to obtain husband approval. handled by courts
divorce without divorce. unilaterally reached 53,675 in 2017
reason and without divorced her or 149 cases each day.
having to go to through a text According to the Civil Further, the actual figure
court? What are the There are three different message he Status Code, it could be much higher
main forms of mechanisms for divorce: sent while he mandatory to register than the officially
81
divorce? Can all was in Iraq a divorce within two reported number.
forms of divorce be informing her months of its
sought only through she was no occurrence.
79
i) Unilateral
the courts? Are the longer his wife. Additionally, only a According to a media
divorce (talaq)
grounds for divorce The husband man may register a report, Saudi women
the same for the followed up with divorce – primarily started a campaign in
husband and wife? Under this, a husband has a telephone call the husband or, in his 2008 aimed at showing
Is unilateral divorce the right to unilateral divorce to two of his absence, a male the mishaps and
by repudiation through repudiation (talaq) friends that had relative.
80
injustices that affect
(talāq) prohibited? If without restrictions and witnessed his women with regard to
marriage. The

67 MariamNabbout, “ ‘Make polygamy compulsory’ hashtag goes viral in Saudi Arabia”, StepFeed, 24 October 2017, https://stepfeed.com/make-
polygamy-compulsory-hashtag-goes-viral-in-saudi-arabia-2864.

unilateral divorce is without the presence of the court finalised their divorce rights. The
68
not prohibited, what wife. the divorce after 73 points demands of
is the procedure i.e. summoning the the Saudi women were
is the presence of two friends to sent to the Shura
82
the spouse to be The divorce is effective check they had Council in vain.
divorced required, immediately. The former received word of
are witnesses husband can go to the the husband's
required, does the courts at a later date and intention. The Based on academic
spouse seeking obtain a document of his court also ruled research, civil society
divorce need to go decision and send a copy to that the woman reports and information
to court, is the the former wife.
69 did not have to on the ground, the
divorced spouse go through the following are some of the
informed of the post-divorce challenges that women
divorce? Is the waiting period face with regard to their
A husband may delegate his
unilateral right to (iddah) as the divorce rights:
83
unilateral right to divorce his
divorce delegated marriage was
wife (isma) through a
to the wife? If so, is not
stipulation in the marriage 74
it by law or through 70 consummated.
contract. Unilateral Divorce:
the marriage

78
79
Civil Status Code, issued by Royal Order no. m/7 on 20/4/1407 (Hijri), with amendments, Ministry of Interior,
https://www.moi.gov.sa/wps/wcm/connect/c152dd004d4bb7bd8debddbed7ca8368/AR_civil_affairs_system.pdf?MOD=AJPERES&CACHEID=c152dd004d4bb7bd
8debddbed7ca8368, article 46.
80
8debddbed7ca8368, article 47.
81
Staff writer, “A rundown on reasons for rising divorce rate in Saudi Arabia”, Saudi Gazette, 10 February 2018, http://saudigazette.com.sa/article/527994/SAUDI-
ARABIA/A-rundown-on-reasons-for-rising-divorce-rate-in-Saudi-Arabia
68
https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0716web.pdf; OECD Development Centre, “Saudi Arabia”, Social Institutions and Gender
Index, p. 2, https://www.genderindex.org/wp-content/uploads/files/datasheets/SA.pdf.
69 Saudiwoman’s Weblog, “Divorce in Saudi Arabia”, Saudiwoman’s Weblog, 7 April 2009, https://saudiwoman.me/2009/04/07/divorce-in-saudi-arabia/
70
Breslin (New York, NY: Freedom House; Lanham, MD: Rowman & Littlefield, 2010), pp. 9-10,
74
Reuters, “Saudi man divorces wife by text message”, Al Arabiya, 9 April 2009, https://www.alarabiya.net/articles/2009/04/09/70302.html
82
Haifa Khaled, “A Woman in the Kingdom is of Less Importance than a Traffic Light”, Akhbar 24, 11 June 2013,
http://akhbaar24.argaam.com/article/detail/139027 [arabic link]

contract? Is it ii) Judicial divorce (faskh) • While the right to
mandatory to unilateral divorce may
register a divorce? This is a fault based divorce In 2016, local be delegated to the
and a wife may seek judicial media reported wife through the
divorce if she is able to a few khul’ marriage contract, in
prove at least one of the few cases in which: practice, such
Applicable CEDAW stipulations are
available grounds for
Provision uncommon. It is
divorce, which include her
husband’s desertion, considered shameful
Article 16(1)(c) - a judge
to include such
impotence, loathsome granted khul’ to
Paras. 17-18 GR21 71 stipulations. In
disease, and mistreatment. a wife based on addition, many
Paras. 34, 39-40 the husband’s marriage officers
In order to obtain this
GR29 failure to refuse to include it in
divorce, women are required
perform his daily the marriage contract
to undergo a mandatory
prayers and in spite of a request
mediation process which is by the woman as they
ordered the wife
usually headed by two or consider such a
to pay her
more male religious officials. condition ‘un-Islamic.’
72 husband
SAR55,000.75 Consequently, without
a firm law allowing
iii) Redemptive divorce women to request for
(khul’)

83
Information obtained from Saudi advocate, January 2017; Human Rights Watch, “Boxed in: Women and Saudi Arabia’s Male Guardianship System”, 2016,
pp. 52,53, https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0716web.pdf; Saudi Women for Reform, “Saudi Arabia Shadow Report”,
th
Submission to the CEDAW Committee for the 40 Session, 2007, pp. 31, 71,
http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/SAU/INT_CEDAW_NGO_SAU_40_10011_E.pdf; Esther van Eijk, “Sharia and National
Law in Saudi Arabia”, in Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present, ed. Jan
Michiel Otto (Leiden, The Netherlands: Leiden University Press, 2010), pp. 163-164, https://openaccess.leidenuniv.nl/bitstream/ha
dle/1887/21170/file221087.pdf?sequence=1; Eleanor Abdella Doumato, “Saudi Arabia”, in Women’s Rights in the Middle East and North Africa: Progress
Amid Resistance, eds. Sanja Kelly and Julia Breslin (New York, NY: Freedom House; Lanham, MD: Rowman & Littlefield, 2010), pp. 9-10,
https://freedomhouse.org/sites/default/files/inline_images/Saudi%20Arabia.pdf; Lynn Welchman, “Women and Muslim Family Laws in Arab States: A
Comparative Overview of Textual Development and Advocacy”, (Amsterdam: Amsterdam University Press, 2007), p. 102, https://goo.gl/AeQSDU; Saudi
Gazette, “Personal Status Court improves performance”, Saudi Gazette, 28 November 2016, http://saudigazette.com.sa/saudi-arabia/personal-status-court-
improves-performance/
71
https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0716web.pdf; Eleanor Abdella Doumato, “Saudi Arabia”, in Women’s Rights in the Middle East
and North Africa: Progress Amid Resistance, eds. Sanja Kelly and Julia Breslin (New York, NY: Freedom House; Lanham, MD: Rowman & Littlefield,
2010), p. 10, https://freedomhouse.org/sites/default/files/inline_images/Saudi%20Arabia.pdf
https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0716web.pdf.
75
Strangest Khul’ Case of a Saudi Woman in Jeddah, Almowaten.net, February 13, 2016, https://www.almowaten.net/2016/02/‫أﻏرب ﺣﺎﻟﺔ ﺧﻠﻊ ﻟﻣواطﻧﺔ ﺳﻌودﯾﺔ ﻣن زوﺟﮭﺎ ب‬/

the delegated right to
divorce, women
A wife may also seek - a judge denied remain vulnerable to
redemptive divorce a khul’ petition personal judgment
(khul’), whereby she is despite the and at the mercy of
granted a divorce in husband’s procedure writers.
exchange for a mutually- alleged abuse, Additionally, although
agreed compensation to cross-dressing, stipulations in the
be paid to the husband. failure to provide marriage contract are
financial enforceable under the
A special fund has been maintenance, Hanbali
allocated by the government jurisprudence, in
and criminal
to help women who cannot practice many
record, which
pay to leave their conditions are denied
73 the latter judge enforcement by
husbands. considered judges.
inadequate
76
reasons.
• Though it is
mandatory to
register the
- a judge divorce, in
rejected a khul’ practice, the
request by a deadline for
wife who stated divorce
that her registration is
husband’s often ignored,
behavior was and a woman
too controlling may not even be
and that he notified or have
prevented her knowledge of
from leaving the the divorce until
many years
house , and
later.
instead referred
the husband and

73 Summary of stakeholders’ submission to the universal period review of Saudi Arabia, U.N. Doc. A/HRC/WG.6/17/SAU/3 (2013), p. 7,

http://www.ohchr.org/EN/HRBodies/UPR/Pages/SAindex.aspx
76
A Saudi Woman Fails to Obtain Khul’, Rotana, May 5, 2016, http://rotana.net/‫ﺳﻌودﯾﺔ ﺗﻔﺷل ﻓﻲ ﺧﻠﻊ زوﺟﮭﺎ ﺑﻘرار ﻣن اﻟﻘﺎض‬/

wife to a Judicial divorce:
mediation
77
process .
• While women may
initiate divorce without
her husband’s
approval, it is not
always possible for
them to access the
courts for reasons
that include: (i)
women, who cannot
drive in Saudi Arabia,
need a car to reach
these courts; (ii)
women often lack
legal knowledge; and
(iii) courts are not
known to be a friendly
environment. In fact,
court staff are male
dominated and female
lawyers were only
allowed to appear in
court beginning in
2013;
• It is very difficult for a

woman to obtain a
judicial divorce.
Proving harm in her
marriage, for
instance, is quite a
challenge.
• There are no
codified guidelines

77
Strangest case of khul’ of a Saudi woman, Almowaten, 2 February, 2013 (Arabic) https://www.almowaten.net/2016/02/‫أﻏرب‬-‫ﺣﺎﻟﺔ‬-‫ﺧﻠﻊ‬-‫ﻟﻣواطﻧﺔ‬-‫ﺳﻌودﯾﺔ‬-‫ﻣن‬-‫زوﺟﮭﺎ‬-‫ب‬/)

regarding the
available grounds for
granting divorce.
• It is not uncommon for

judges to act in a
biased manner and
even propose a khul’
in order to secure
financial
compensation for the
husband
• The mandatory
mediation process
which is administered
by a religious
conciliation committee
is problematic as it
delays the divorce
proceedings and
makes women
uncomfortable. Some
women have reported
that men on these
committees
sometimes make
improper advances or
try to minimize
women’s grievances
and simply advise
them to be patient
and obedient.
Redemptive Divorce:

• In Saudi courts, khul’
may be granted only if
the wife’s reasons for
seeking a divorce are
deemed acceptable
84
by the judge. Thus,
a judge has the
discretion to grant or
deny the khul’ and to
specify the
compensation to be
paid by the wife to the
husband. There are
no codified guidelines
on what constitutes
acceptable khul’
reasons. ,
• In practice, lawyers
might refuse to bring
khul’ cases if they find
a wife’s reasons to be
85
trivial.
• In Khul’ It is common
for the wife to pay
back the full amount
of her dower (mahr)
and forfeit her
financial rights which
makes it a very
86
costly affair.

84
Information received from Saudi advocates, February 2018
85 Information received from Saudi advocates, February 2018
86
https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0716web.pdf; Eleanor Abdella Doumato, “Saudi Arabia”, in Women’s Rights in the Middle East
and North Africa: Progress Amid Resistance, eds. Sanja Kelly and Julia Breslin (New York, NY: Freedom House; Lanham, MD: Rowman & Littlefield,
2010), p. 10, https://freedomhouse.org/sites/default/files/inline_images/Saudi%20Arabia.pdf.

In November 2016, the

Saudi Gazette reported
that the Family court in
Riyadh displayed a
significant improvement
in performance by
handling 75% of backlog
in a matter of 20 working
days.87
Women’s financial Upon a divorce, a woman is There is a procedure According to information

rights after entitled to financial set out to ensure a on the ground, there is a
divorce maintenance during the husband pays the gap between the legal
waiting period after the court-ordered obligation of the former
divorce (iddah) unless she financial maintenance husband to pay post-
Is there a legal has forfeited her financial after the divorce. The divorce maintenance to
concept of rights. The iddah period is woman needs to start the former wife and its
88 93
matrimonial assets? usually three months. the process by filing a enforcement for
Is there equal suit for maintenance. reasons that include: (i)
division of marital The judge will then lack of awareness
property upon A woman may request for a form a committee to among women of their
dissolution of the consolatory gift or assess the amount to rights; and (ii) the
marriage? Is the compensation (mu’tah). be disbursed by the procedure to enforce a
woman’s role as However, this is rarely husband. Thereafter, court-ordered
wife and mother granted.
89 a woman can get her maintenance is lengthy.

87 Saudi Gazette, “Personal status court improves performance”, Thomsan Reuters Zawya, 28 November, 2016,
https://www.zawya.com/mena/en/story/Personal_status_court_improves_performance-ZAWYA20161128035144/

88
Breslin (New York, NY: Freedom House; Lanham, MD: Rowman & Littlefield, 2010), p. 10,
89

recognised as maintenance by
contribution to the asking the judge for a
acquisition of Saudi Arabia has issued letter directed to the The lack of a financial
assets? What Enforcement Law which Saudi Monetary support system or
spousal provides for the immediate Authority requesting division of assets
maintenance are enforcement of orders and a bank statement of following a divorce is a
available to the wife rulings in personal status all the man’s significant hurdle limiting
after a divorce? Is matters including financial property. The court women’s ability to exit
she entitled to maintenance and the will then send a text abusive or harmful
maintenance during imposition of penalties to message to the marriages. Even under
the waiting period expedite execution. This husband’s mobile the mandated three-
after the divorce law’s implementing number informing him month financial
(iddah)? Is she regulations were issues In of the court’s maintenance (nafaqa)
entitled to a February 2013 by Ministerial decision. The and compensation
consolatory gift or Order. husband should (mut’aa) system, the
compensation upon conform and carry amount provided to a
If the enforcement order divorced wife is often
divorce (mut’ah)? includes a periodic financial out the payment 94
Who is responsible within five days.
92 arbitrary and limited.
payment, then this payment
for the financial takes precedence over other
maintenance of debt.
90
children following a
divorce? Can the
couple agree to the
There is no legal concept of
division of assets
matrimonial assets.
acquired during
marriage in the
marriage contract?
Can this stipulation Following a divorce, a father
be amended? If so, is responsible for the
by who and on what financial maintenance of his

93
Breslin (New York, NY: Freedom House; Lanham, MD: Rowman & Littlefield, 2010), p. 10,
https://freedomhouse.org/sites/default/files/inline_images/Saudi%20Arabia.pdf [
90 Saudi Arabia State party report, U.N. Doc. CEDAW/C/SAU/3-4 (2016), paras 145, 146,
http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Countries.aspx?CountryCode=SAU&Lang=EN
92
94 Information received from Saudi advocates, February 2018.

basis e.g. mutual children. If the mother is the
consent? custodian, he is obligated to
pay her maintenance to
cover the expense of his
91
Applicable CEDAW children.
Provision
Articles 16(1)(c),
16(1)(h)
Paras. 30-33 GR21
Paras. 34-35, 43-48

GR29
Custody of A mother has priority right Decisions Based on civil society

Children over her daughter until she regarding and media reports as
turns seven and her son until custody vary well as information on
he turns nine. Thereafter, according to the the ground, some of the
Do parents have custody of daughters is judge’s personal issues of concern
equal rights over transferred to the father views. While regarding child custody
99
the custody of their while sons are given the some judges do include:
95
children? If no, who choice. decide custody
has priority right cases on the
over the custody of basis of the best • Judges lack of
the child? Is A mother may have custody interest of the training in social and
custody decided over her daughter after the child, in many family welfare. This
based on the best age of seven if she has not instances, the has led to cases
interest of the remarried but the father primary concern whereby unfit fathers
child? Do mothers has.
96 of judges is that have been awarded
custody or judges

91 th
95
96

automatically lose the child be recognise paternal
custody upon raised in grandparents’ claim to
remarriage or if she The state has issued Order accordance with the child over the
is deemed No. 27808 of 16 Jumada II Islamic faith. In mother’s. Also,
disobedient or A.H. 1438 (15 March A.D. this regard, a sometimes the mere
when the child 2017) which includes a study judge may just appearance of a
of best procedures for woman (the way in
reaches a base his ruling
dealing with cases relating to which she is veiled,
designated age on which of the
guardianship and custody. and her ability to
when custody goes two parents answer back and
to father? The order contains various appear more
directives related to knowledge of her
conservative. rights, etc.) might
children’s custody e.g. Thus a mother cause a judge to rule
instructing the Supreme has been known
Applicable CEDAW against her;
Court to promulgate judicial to lose custody
Provision principles to decide on most over her children • Women fear losing
Articles 16(1)(d), suitable party for custody; if she: (i) custody over their
16(1)(f) providing adequate support remarries; (ii) children should they
to Judges hearing cases of resides in a file for divorce as “in
Paras. 19-20 GR21 custody; raising awareness most child custody
home with a
of issues related to custody non-relative; (iii) cases, the father
to better inform the Judges; usually wins.” This
moves to
and reviewing relevant laws has led women to
another country;
to propose appropriate either not file for
(iv) has satellite divorce despite being
amendments to regulate TV; or (v) listens
work and facilitate procedure 98
in a bad marriage or
to music. being pressured to
in cases of custody, among
97 seek a khul’ divorce to
others.
her detriment;

99
Information obtained from Saudi advocate, January 2017; Eleanor Abdella Doumato, “Saudi Arabia”, in Women’s Rights in the Middle East and North
Africa: Progress Amid Resistance, eds. Sanja Kelly and Julia Breslin (New York, NY: Freedom House; Lanham, MD: Rowman & Littlefield, 2010), p. 10,
https://freedomhouse.org/sites/default/files/inline_images/Saudi%20Arabia.pdf; Marian Nihal, “Women fear losing custody of their children if they file for
divorce”, Arab News, 17 December 2011, http://www.arabnews.com/node/401246
97 Saudi Arabia Reply to List of Issues, U.N. Doc. CEDAW/C/SAU/Q/3-4/Add.1 (2017), para 6,
http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Countries.aspx?CountryCode=SAU&Lang=EN.
98
For more, see the 30 volume court cases published by the Ministry of Justice, https://www.moj.gov.sa/ar-
sa/ministry/versions/Documents/AhkamGroup_1434/30.pdf; Human Rights Watch, “Boxed in: Women and Saudi Arabia’s Male Guardianship System”,
2016, pp. 55-56, https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0716web.pdf; Immigration and Refugee Board of Canada, “ Saudi Arabia:

• Women endure the

difficulty of having to
travel back and forth
to court for months
and years but yet may
have to deal not only
with delays but
disappointments at
the end of the custody
hearing.
Guardianship of A father has priority right According to information

Children over the guardianship of the gathered by the
children. In case of the Immigration and
father’s death, guardianship Refugee Board of
Do parents have is given to the male relatives Canada and information
equal rights over of the father. The mother on the ground, although
the guardianship of may request the right to a mother has custody
their children? If no, guardianship, but this would over her children, it is
who has priority take prolonged court the guardian who
right over the hearings and such requests determines where the
100
guardianship of the are rarely granted. children live and
child? Is when/where they travel.
guardianship Though the mother can
decided based on According to the regulations seek travel permission
the best interest of of the Saudi Arabian from a court for her
the child? Monetary Agency (SAMA), a children, such demands
woman is not allowed to are rarely granted and if
open a bank account in the they are granted, the
name of her children except authorisation to travel
Applicable CEDAW

Whether Saudi Arabian laws concerning child custody are applicable to Palestinians in Saudi Arabia, and whether Islamic Law provides that following a
divorce a child must live with his or her mother for a period of seven years without contact with the father, after which time the child must be returned to the
father”, 2002, http://www.refworld.org/docid/3f7d4e130.html
100 th

Provision with the father's consent, nor will only be valid for one
104
is she allowed to carry any exit.
Articles 16(1)(d), transactions on her child's
16(1)(f) behalf even if it is she is the
101
Paras. 19-20 GR21 one making the deposit. • Mothers are still
unable to change the
civil status of their
In 2014, the Supreme children, unless they
Judicial Council ruled that are divorced or
mothers who have custody widowed. They can
of their children after divorce only obtain a copy of
the husband's family
can obtain documents and
identification card,
conduct government listing the names of
business for their children. In his wives and
2015, the Council declared children and
that the decision is to be dependents.
105
applied retroactively. This

enabled women to register
their children in schools, • Over 21% of families
take them to health centers, registered for
and obtain identity government social
102 assistance were
documents for them.
headed by women
as the main
providers. Yet,
The state has issued Order women are treated

101 th
http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/SAU/INT_CEDAW_NGO_SAU_40_10011_E.pdf3,
http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/SAU/INT_CEDAW_NGO_SAU_40_10011_E.pdf; Hala Al-Qahtani, “Why SAMA
prevents women to open accounts for children?”, Saudi Gazette, January 29, 2018, http://saudigazette.com.sa/article/527209/Opinion/Local-
Viewpoint/Why-SAMA-prevents-women-to-open-accounts-for-children.
102
104
Information obtained from Saudi advocate, January 2017; Immigration and Refugee Board of Canada,“ Saudi Arabia: Whether Saudi Arabian laws
concerning child custody are applicable to Palestinians in Saudi Arabia, and whether Islamic Law provides that following a divorce a child must live with his
or her mother for a period of seven years without contact with the father, after which time the child must be returned to the father”, 2002,
http://www.refworld.org/docid/3f7d4e130.html
105
Information received from Saudi advocate, February 2018

No. 27808 of 16 Jumada II as heads of the
A.H. 1438 (15 March A.D. family in a manner
2017) which includes a study similar to that of
of best procedures for men. According to
dealing with cases relating to the Civil Status Law,
guardianship and custody. a woman may be
considered head of
The order contains various
the household only if
directives related to 106
her husband dies.
children’s guardianship e.g.
providing adequate support
to Judges hearing cases of
guardianship; raising
awareness of issues related
to guardianship to better
inform the Judges; and
reviewing relevant laws to
propose appropriate
amendments to regulate
work and facilitate procedure
in cases of guardianship of
103
children, among others.
Family Planning A woman is not allowed to: In 2014, the Shura According to World Bank
107
Council rejected a data, the total fertility
population control rate decreased from 7.2
• Determine the number of policy document children per woman in
Do women require 110
children she wants to prepared by the 1960 to 2.7 in 2015.
the consent of the
have without the Ministry of Economic
husband to practise husband’s agreement;
family planning, and Planning Family According to the UN
including abortions and submitted the Population Division’s
• Enter a hospital for

106
8debddbed7ca8368, article 91
107
Information obtained from Saudi advocate, January 2017; Saudi Women for Reform, “Saudi Arabia Shadow Report”, Submission to the CEDAW Committee
th
for the 40 Session, 2007, pp. 3, 72, http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/SAU/INT_CEDAW_NGO_SAU_40_10011_E.pdf

and sterilisation in delivery except with her planning document 2015 Trends in
law or in practice? husband’s approval, nor to the Saudi king for Contraceptive Use
can she be discharged 109 111
his opinion. Worldwide:
from hospital or without
his signature (subject to
Applicable CEDAW clarification of the April
Provision 2017 decree); • 37% of married
women aged 15-49
Articles 16(1)(e), 12 are using a method of
• Officially do anything to
their genitals and womb contraception, with
Paras. 21-23 GR21
without the husband’s 31% of women using a
consent (i.e. theoretically modern method;
and practically, the
husband owns these
• 24% of married
parts).
women aged 15-49
have an unmet need
Abortion is strictly prohibited for family planning
by law, except when it is services; and
necessary to save the
108
pregnant woman’s life.
• 50% of marriage
women aged 15-49
had their demands for
family planning
satisfied by modern
methods of
contraception.
Personal rights of Saudi Arabia practices a Article 3(a) of the According to World Bank
spouses male guardianship system Ministry of Health data, female labour force
whereby all women must Manual for participation increased

110
The World Bank, “Fertility rates, total (births per woman)”, http://data.worldbank.org/indicator/SP.DYN.TFRT.IN
108
Centre for Reproductive Rights, “The World’s Abortion Laws’, 2014,
https://www.reproductiverights.org/sites/crr.civicactions.net/files/documents/AbortionMap2014.PDF
109
111
United Nations Population Division, “Trends in Contraceptive Use Worldwide 2015”, Annex Table 1, pp. 36-42,
http://www.un.org/en/development/desa/population/publications/pdf/family/trendsContraceptiveUse2015Report.pdf

have a male guardian. Medical decreased from 14% in
120
Subject to the clarification on Practitioners 1990 to 20% in 2016.
Does a woman the implementation of the During the same period,
need the consent of states that “men
April 2017 royal decree, should not male labour force
her spouse or women cannot go to school, participation was stable
guardian to work, examine women, 121
travel, work, enter into at 79%.
choose a restaurants, hotels, have an
and vice versa,
profession, leave operation, apply for a unless it is not
the house, travel, passport, etc. without the possible to find an
drive, receive According to the 2016
approval of the guardian.
112
alternative UNDP Human
various health The guardian need not technician of the 122
services, study, etc. Development Report:
always be the husband. It is same sex as the
on her behalf? not uncommon for a patient to perform
Does a woman widowed mother to seek the
have the right to the tasks • 63% of women over
permission of her son to needed.”119
retain her birth 113 25 have at least some
travel.
name upon secondary education
marriage or to as compared to 72%
choose her family of men of the same
name? Can a Women are also barred from age group;
woman protect her driving, making Saudi Arabia
personal rights the only country in the world
that does not allow women • 99% of females and
through her 114 males aged 15-24 are
marriage contract? to drive.
able to read and write
a short simple
sentence; and
Applicable CEDAW Women retain their birth
Provision name upon marriage. • 79% of women are
satisfied with their

112
Human Rights Watch, “Boxed in: Women and Saudi Arabia’s Male Guardianship System”, 2016,
https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0716web.pdf; Saudi Women for Reform, “Saudi Arabia Shadow Report”, Submission to the
th
CEDAW Committee for the 40 Session, 2007, pp. 2-3,
http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/SAU/INT_CEDAW_NGO_SAU_40_10011_E.pdf; Josie Ensor, “Saudis File First-Ever
Petition to End Male Guardianship”, The Telegraph, 26 September 2016, http://www.telegraph.co.uk/news/2016/09/26/saudis-file-first-ever-petition-to-end-
male-guardianship/
113
114
Adam Coogle, “Women should take the wheel in Saudi Arabia”, Human Rights Watch, 5 December 2016, https://www.hrw.org/news/2016/12/05/women-
should-take-wheel-saudi-arabia

Article 16(1)(g) freedom of choice as
compared to 84% of
Para. 24 GR21 In 2012, the Ministry of men.
Health approved a regulation
Para. 34 GR29 to allow female patients
above 18 years old to sign Some women are
their own admission and prevented from leaving
release forms without male their homes without their
guardian.
115 guardian’s permission
and guardians can bring
legal claims requesting
that judges order a
The Labor Code does not female dependent to
require a guardian’s return to the family
permission for a woman home.
123
to work.116
Even though not

A guardian’s permission is mandated by law, in
not required by law for a practice women need
woman to enroll in a guardian’s permission to
school or higher receive identity
documents, access
education institutions.
courts, healthcare, and

119
Hala Aldosaria, The Effect of Gender Norms on Women’s Health in Saudi Arabia, May 2, 2017, pp.6-7, http://www.agsiw.org/wp-
content/uploads/2017/05/Aldosari_Womens-Health_Online-1.pdf
120
The World Bank, “Labour force participation rate, female (% of female population ages 15+) (modelled ILO estimate)”,
http://data.worldbank.org/indicator/SL.TLF.CACT.FE.ZS
121
The World Bank, “Labour force participation rate, male (% of male population ages 15+) (modelled ILO estimate)”,
http://data.worldbank.org/indicator/SL.TLF.CACT.MA.ZS
122
UNDP, “Human Development Report 2016”, Tables 5, 9, 14, pp. 214-217, 230-233, 250-253,
http://hdr.undp.org/sites/default/files/2016_human_development_report.pdf
115 Hala Aldosari, “The Effect of Gender Norms on Women’s Health in Saudi Arabia”, May 2, 2017, p.6 http://www.agsiw.org/wp-
content/uploads/2017/05/Aldosari_Womens-Health_Online-1.pdf .
116 Saudi Labor Code, issued Royal Decree no. m/51 on 23/8/1426(Hijri) and last amended on 5/6/1436(Hijri),
https://mlsd.gov.sa/sites/default/files/3_‫اﻟﻌﻣل‬20%‫ﻧظﺎم‬.pdf
123

education. For instance:
In 2013, the Council of

Ministers issued a • Several
decision requiring Saudi universities
women to obtain national continue to
identity cards and require a
removing the formal guardian’s
signature before
requirement for guardian
a woman can be
approval in order to enrolled.
124
apply.117
• Many employers
in the private
The Supreme Judicial and public
Council issued a circular sectors continue
in February 2014 to require
permitting women to guardian’s
permission as a
attend court hearings
condition for a
once they present their woman’s
national identity cards, employment.
removing the requirement Alternatively,
to be identified in court by other employers
may ask a
two males.118
woman to
present a family
card, as an
indirect means
of ensuring a
husband’s
consent in the

117
Council of Ministers Orders with Respect to Requiring Saudi Women to Obtain a National Identity Card, Al-Riyadh Newspaper, March 26, 2013,
http://www.alriyadh.com/820546
118
Human Rights Watch, Boxed In: Women and Saudi Arabia’s Male Guardianship System, 2016, p. 62,
124 Information obtained from Saudi advocates, January 2018.

case of married
125
woman.
• It is reported that
many medical
facilities
continue to
require the
signature of a
male guardian
before a woman
can be admitted
into or released
from healthcare
facilities, without
126
penalty.
Further,
guardians can
and often do
demand that
women be
treated only by
same-sex
health
professionals
thus
hampering
women’s
access to
healthcare.127

125 Human Rights Watch, “Boxed in: Women and Saudi Arabia’s Male Guardianship System”, 2016, p. 71,

126 HalaAldosari, The Effect of Gender Norms on Women’s Health in Saudi Arabia, May 2, 2017, p.6, http://www.agsiw.org/wp-
content/uploads/2017/05/Aldosari_Womens-Health_Online-1.pdf .
127
Hala Aldosaria, The Effect of Gender Norms on Women’s Health in Saudi Arabia, May 2, 2017, pp.6-7, http://www.agsiw.org/wp-
content/uploads/2017/05/Aldosari_Womens-Health_Online-1.pdf

• Applying for an
identity card
requires a
woman to
present either
a passport –
which she
cannot obtain
without a
guardian’s
permission – or
be
accompanied
by a male
guardian to
confirm her
128
identity.
Further, a
married
woman is
required to
present a
family card to
receive a
national
identity card
which is issued
to the husband
with the
exception of
widowed or
divorced

128
Information received from Saudi Advocates, February 2018; Procedures for Obtaining a National Identity Card for Women, Ministry of Interior,
https://www.moi.gov.sa/wps/portal/Home/sectors/civilaffairs/contents/!ut/p/z0/04_Sj9CPykssy0xPLMnMz0vMAfIjo8ziDTxNTDwMTYy8LUwC3AwcA428nB2dPY3cf
c31gxOL9L30o_ArApqSmVVYGOWoH5Wcn1eSWlGiH5GcWZaZo5CYlpaYWVSsaoDGLU4tKstMTi1WMNQvyHYPBwB0wHxz/

women.
• Some courts
continue to
require a
woman to bring
forth two males
to identify
her.129 As any
two males may
serve as
“identifiers,”
there exists a
business for
male identifiers
who loiter
around the
courts offering
this service to
women, often
in exchange for
sums of
money,
typically SAR
200
(US$53).130

129
Human Rights Watch, Boxed In: Women and Saudi Arabia’s Male Guardianship System, 2016, p. 62,
https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0716web.pdf; information received from Saudi advocates, February 2018
130
Information obtained from Saudi advocates, January 2018

Inheritance rights Generally, inheritance rights According to the Judicial procedure According to a
between women and men state, there are requires the presence commentary, women are
are unequal. Inheritance is some cases in which of the woman in often prevented from
Are women and based on Shari’ah. In many a woman might division of inheritance obtaining their
134
men in the same instances, such as in the inherit more than a cases. inheritance because of
degree of cases of widows and man or have equal cultural norms and tribal
135
relationship to a widowers and siblings, a share. Additionally, practices.
deceased entitled woman is entitled to half the the unequal shares
131
to equal shares in share of a man. For are justified by the
the estate and to instance, with respect to State on the ground
equal rank in the daughter’s share, it is one that men are also
132
order of half of her brother’s share. required to provide
succession? Are for women’ financial
there procedures to maintenance which
address any is not required for
133
inequalities in women.
inheritance
between women
and men e.g. can a
will be written, can
beneficiaries agree
to inherit equal
shares of the estate
or can the children

131
https://openaccess.leidenuniv.nl/bitstream/handle/1887/13374/Women+and+Muslim+Family+Laws+in+Arab+States.pdf;jsessionid=520214776437CF24AE
15BA40C188C51F?sequence=1.
http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Countries.aspx?CountryCode=SAU&Lang=EN
135
Samar Fatany, “An Inheritance of Injustice for Women”, Al Arabiya, 17 June 2013, http://english.alarabiya.net/en/views/2013/06/17/An-inheritance-of-
injustice-for-women.html

agree to forgo their
inheritance in
favour of their
mother upon the
death of their
father?
Applicable CEDAW
Provision
Paras. 34-35 GR21
Paras. 49-53 GR29
Violence against Law of Protection from The Government of According to the Ministry
women in the Abuse criminalises a number Saudi Arabia has of Labour and Social
family of acts of domestic violence. increasingly Development, in 2015,
Article 1 of the Law defines recognised violence there were 8,016
abuse as physical, against women as a reported cases of
Are there laws that
psychological, or sexual public policy issue. physical and
define what 136
abuse. Several measures psychological abuse,
constitute domestic
violence such as have been most of which involve
battery, female undertaken to violence between
circumcision, Saudi Arabia has no Penal address this issue. spouses. In one major
138
marital rape and Code.
137 This include: city alone, the Ministry
other forms of recorded 961 cases of
sexual assault and domestic violence in one
violence that affect year, with most cases
The Law of Protection from • Enactment of the
a woman’s mental involving women and
Abuse does not specifically Law of Protection
health which are children being denied
from Abuse. This
perpetuated by

136
Article 1 of Law of Protection from Abuse (2013), https://goo.gl/xJBRdq
137
Human Rights Watch, “Saudi Arabia: Criminal Justice Strengthened”, HRW News, 14 January 2010, https://www.hrw.org/news/2010/01/14/saudi-arabia-
criminal-justice-strengthened
138
Human Rights Watch, “Boxed in: Women and Saudi Arabia’s Male Guardianship System”, 2016, pp. 3, 31,
https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0716web.pdf; Majed al-Kasabi, “Center for Violence and Abused Reports Launched”, Saudi
Gazette, 22 March 2016, http://saudigazette.com.sa/saudi-arabia/center-violence-abuse-reports-launched/; Sabria S. Jawhar, “Child Abuse: Stop Being
Spectators & Call 1919”, Arab News, 2 December 2013, http://www.arabnews.com/news/486056

traditional criminalise marital rape. includes their basic rights to
attitudes? Is there establishment of: education, health care,
specific legislation or personal identification
that recognises documents.
139
domestic violence • Establishment of

as a crime? Is the a center
husband allowed to specifically
discipline his wife? tasked with According to information
Can a suspected receiving and on the ground, in the
perpetrator marry responding to past, women struggle to
his alleged abused reports of family report incidence of
victim to avoid violence and a domestic violence.
punishment? Are corresponding However, today, with the
there support hotline (1919);
law and the
services for women implementing measures,
who are the victims • Building of more
there has been some
of aggression or shelters for
improvements. Cases
abuses? abused victims.
that reach the media or
Applicable CEDAW social media tend to be
Provision taken more seriously by
GRs 12 & 19 the authorities.
Nevertheless challenges
Para. 40 GR21 140
remain. Based on
media and civil society
reports, these
141
challenges include:
• Many in Saudi Arabia,

including some social
workers, believe that

139
140
141
Human Rights Watch, “Boxed in: Women and Saudi Arabia’s Male Guardianship System”, 2016, pp. 26-27, 32, 34-35,
https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0716web.pdf; Tahirih Justice Center, “Saudi Arabia”, Forced Marriage Overseas,
http://preventforcedmarriage.org/forced-marriage-overseas-saudi-arabia/; Carlyle Murphy, “Saudi Women Still Assigned Male Guardians”, USA Today, 9
December 2014, http://www.usatoday.com/story/news/world/2014/12/09/globalpost-saudi-arabia-male-guardians/20134065/

a guardian has the
right to use physical
violence to discipline
women and children;
• Law enforcement has

generally treated
domestic violence
situations as private,
domestic matters with
few legal
consequences for the
perpetrators. Courts
are lenient in cases
when abuse is
perpetrated by a male
against a female in
the same household;
• Women running away

from domestic
violence are
considered criminals.
Leaving the marital
home has been under
the spotlight lately
with women fleeing
the Kingdom or
escaping from their
husbands while
travelling;

• Trying to
convince a judge
that a guardian
is abusive is a
very lengthy and
culturally difficult
situation for a
woman. A

woman must
show specifically
how she was
harmed, and
even then
judges do not
usually revoke
guardianship
unless the man
is doing
something
wrong according
to religious laws,
such as drinking
alcohol;
• The Law of Protection

from Abuse and its
implementing
measures are steps in
the right direction to
address the issue of
domestic violence.
However, it has been
critiqued to be too
general.
Nationality rights A Saudi man may pass his Saudi Arabia has According to information
nationality to his non-Saudi made a reservation on the ground, only sons
wife provided she meets through which it whose mother is Saudi
142
various conditions. The does not consider and father a non-Saudi
Does a wife have
Saudi Arabian Citizenship itself bound by may apply for Saudi
the right to confer System does not specifically citizenship. Daughters
her citizenship on paragraph 2 of
provide for a Saudi woman born in such marriages
foreign husbands Article 9 of CEDAW
to confer her nationality to cannot be conferred
and children? Can by which provides

142
Article 16 of the Saudi Arabian Citizenship System,
https://www.moi.gov.sa/wps/wcm/connect/121c03004d4bb7c98e2cdfbed7ca8368/EN_saudi_nationality_system.pdf?MOD=AJPERES

the nationality of an her foreign husband. women equal rights Saudi nationality unless
151
adult woman be with men with they marry a Saudi. [
arbitrarily removed A Saudi woman risk losing respect to the
because of her Saudi nationality if she nationality of their Many children of Saudi
marriage or marries a non-Saudi and children.
149 mothers and foreigner
dissolution of adopts her husband's father are not granted
143
nationality. citizenship even if their
marriage or
application meets all the
because her
While applying for required conditions, as
husband or father nationality, the applicant the law permits and does
changes his gets 3 points if his/her father Saudi Arabia stated not require this grant of
nationality? is Saudi and 2 points if only that with regard to citizenship by the
his/her mother is Saudi. A
144 ensuring the Minister of Interior.
152
Saudi father passes his effective

Applicable CEDAW citizenship to his children implementation of Saudi women are not
wherever they are born. Cabinet Decision entitled to social security
Provision
However, a Saudi mother (November 2012) benefits, their children
Article 9 may only pass her granting privileged from a foreign spouse
citizenship to her children if services and are not entitled to state-
145
Para. 6 GR21 the father is unknown. facilities to the sponsored scholarships
for higher education, and
children of Saudi
A child born in Saudi Arabia it is not possible for a
women, the
and whose mother is Saudi Saudi mother to
and father a non-Saudi may concerned designate her foreign
be granted Saudi citizenship authorities oversee son as her agent or
through a decision of the its implementation representative.
153
Minister of Interior provided and monitor

certain conditions are met compliance. Under
If the Saudi mother dies,
i.e. the child has reached 18 its Statute, the
her children cannot
and has a permanent Human Rights
146 inherit real estate
resident permit. Commission follows property (they may sell it

143
144 Section 8 of the Implementing Regulation, Saudi Nationality Law: Global Campaign for Equal Nationality Rights and Equality Now, Joint submission to
th
the CEDAW Committee Pre-Sessional Working Group for the 69 Session, 2017, pp. 2-3,
http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/SAU/INT_CEDAW_NGO_SAU_28018_E.pdf.
145
146

up the and receive its value),
Pursuant to Cabinet implementation of and must then find
Decision No. 152 of 25 this decision and another sponsor in order
March 2013, female takes the necessary to remain in Saudi
154
international scholarship action. The Ministry Arabia.
students married to non- of Labour and Social
nationals are awarded the
Development also
same monthly allowance as
monitors the private
women married to Saudi
men.
147 sector to ensure the
implementation of
In 2012, the Saudi cabinet this decision. It does
ordered special privileges for so through its
non-citizen children of Saudi Inspection
women, including ability to Department, which
enter Saudi Arabia at the deals immediately
invitation of their mothers, with any identified
waiving of residency fees, failure and imposes
permission to work in the the penalties
private sector, and access to
prescribed by law on
education and healthcare on
the employers
the same basis as Saudi 150
citizens.
148 responsible.

149 United Nations Treaty Collection, “Convention on the Elimination of All Forms of Discrimination Against Women”,
https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-8&chapter=4&lang=en.
151
152 Information received from Saudi advocate, February 2018
153
Marriage of Saudi Women to Foreigners: Increasing Proportions and a Price Paid by the Children, Sabq Electronic Newspaper, March 20, 2015,
https://sabq.org/7muGHe; Information received from Saudi advocate, February 2018
147 Saudi Arabia National report, U.N. Doc. A/HRC/WG.6/17/SAU/1 (2013), para 56, https://documents-dds-
ny.un.org/doc/UNDOC/GEN/G13/160/88/PDF/G1316088.pdf?OpenElement.
148 Human Rights Watch, Submission to the CEDAW Committee for the 69 Session, 2018, p.2,
th
http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/SAU/INT_CEDAW_NGO_SAU_30052_E.pdf.
150
Saudi Arabia Reply to List of Issues, U.N. Doc. CEDAW/C/SAU/Q/3-4/Add.1 (2017), para 62,

154
Information received from Saudi advocate, February 2018; 8 Obstacles Facing the Husband of a Saudi Woman, Okaz Newspaper, October 24, 2017,
http://www.okaz.com.sa/article/1583285; Saudi Arabia Nationality Law, issued by Order No. 4 on 25/1/1374(Hijri),
http://www.mofa.gov.sa/aboutKingDom/SaudiGovernment/RegimesInKingdom/CivilStatusSystem/Documents/87757_2‫ﺟﻧﺳﯾﺔ‬.pdf, article 8.

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1

there exceptions? guarantee gender equality.

have a male guardian whose

concluded? Rights Society

court required for a necessary to fight

• It is very difficult for a

• It is not uncommon for

In November 2016, the

Women’s financial Upon a divorce, a woman is There is a procedure According to information

Paras. 30-33 GR21

Paras. 34-35, 43-48

Custody of A mother has priority right Decisions Based on civil society

• Women endure the

Guardianship of A father has priority right According to information

applied retroactively. This

Even though not

In 2013, the Council of

Paras. 34-35 GR21

Paras. 49-53 GR29

domestic violence • Establishment of

• Many in Saudi Arabia,

• Law enforcement has

• Women running away

• The Law of Protection

Saudi father passes his effective

Minister of Interior provided and monitor

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