Enseñanza-Aprendizaje

With regards to internal pressure on the development of women rights between 2003 and 2004, there was a veritable surge in organized domestic voices for change, which demanded many things from the government including equal rights for women (Al-Mohamed 2008). The government responded in 2004 with the establishment of KSA’s first human rights organization, followed in 2005 by the Human Rights Commission (HRC), a government department focussing on human rights (Human Rights Watch, 2010). The report titled Conformity of Saudi Laws and Regulations described women’s pursuit for equal rights, such as the 2007 attempt to register the Society for Protecting and Defending Women’s Rights—an effort for which women received governmental warnings to discontinue such activity. The report also mentioned that Saudi women have been calling for the right to drive an

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end to the system of male legal guardianship, collecting many signatures in a petition sent to King Abdullah (Human Right Watch, 2010).

Amnesty International indicated that up to one billion women in the world are beaten or subjected to violence in multiple ways (Prügl, 2013). There is no specific statistics on violence against women in Saudi society but the women’s charities, the media and various contingencies have in some hospitals spotted multiple instances of different types of domestic violence against women by their husband, father, brother or others. The establishment of Public Management of Social Protection by the Ministry of Labour and Social Affairs confirms the clear evidence of the increasing incidence of violence against women (Novac, 2007).

Recent studies have shown that women who suffer abuse at the hands of their husbands or families find it difficult to access justice through the Sharia¹⁴ courts, which leaves them nowhere to seek any form of assistance (Alhussein, 2014). A great number of these women suffer from poverty and neglect but due to traditional attitudes are unable to leave their abusers or to seek work in order to escape an abusive husband. There are people within Saudi society who try to prevent social change, and preach adherence to local traditions in the name of Islam, despite these traditions having no basis in Islam itself (ibid).

However, the women affected usually prefer not to report to the police for many reasons. They may not have the support system they and their children (if they have any) could fall back on if they inform the police about any domestic violence (Tashkandi & Rasheed, 2009). They may not even know the reporting procedure.

There is also the family shame for failed marriages, which seems to blame the woman for all marriage failures (Adeyemi-Bello & Kincaid, 2012; Alkahtani et al., 2013).

The police take domestic violence in Saudi Arabia. A law introduced in 2014 would have punished men involved in domestic violence with fines of up to $17,000 and/or 12 months imprisonment (CNN, 2014). A major after-effect of such disciplinary step is that it leaves the concerned woman without a breadwinner and condemns her to the

14Sharia is defined by the Almaany Arabic dictionary of English Translation as what God has prescribed for his slaves from belief and provision. This is also regarded as method and approach.

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poverty cycle. Most cases of violence, as it was stated previously, are linked to poverty, addiction, family breakdown, unemployment and lack of awareness.

Moves to protect those who are suffering from domestic violence, such as plans to provide a hotline for female victims of domestic abuse and the creation of shelters to house them, are being made by The National Society for Human Rights (2010). The organization is also organising talks and workshops to promote awareness of women’s legal rights. Such rights are extremely important in the context of high levels of discrimination against women, who are prevented from achieving their potential and are denied the rights to which they are entitled under Sharia law (Fatany, 2007). The rights of women need to be given attention by the government and upheld in the courts (Kelly & Breslin, 2010). Part of this change will involve attempting to counter negative attitudes held about women and by rejecting old cultures and traditions, such as preventing women from gaining skills or withholding opportunities for them to earn a decent wage. Other social customs considered discriminatory towards women include the prohibition on women driving, especially when there is a lack of acceptable public transport, basically prevents women from leaving their homes.

Jurist¹⁵ scholars in Saudi Arabia confirmed that the implementation of these demands would open the field of investment for businesswomen. According to a research by Shraih (2011) in a study of 367 women, it was found that 21% were employed and 5% were self-employed. The study showed that 94% of Saudi women want to work. Sources estimated Saudi women’s economic fortunes, which stand at about $11 billion reside in bank deposits, rather than investments, because these women worried that the process was too complex or that they would be exploited.

However, women’s freedom is restricted by the kingdom’s laws, and also by some men’s attitudes towards women, which in turn impact upon women’s ability to move freely in society. This view was expressed by Al-Fayez when she said: “My freedom as a woman is restricted with respect to overseas travel and also in terms of moving from one place to another within my community, because as a woman I

15Jurists are experts in Law. They can be a lawyer or a judge.

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depend fully on males like my husband, sons or drivers.” Moreover, Al-Fayez said,

“My freedom is also restricted in regard to my active participation in the development of society and making contributions to or taking decisions along with other Saudi women on issues related to women’s and society affairs. We see ourselves as part of this society and fully aware of its affairs" (Al-Fayez, 2008, p. 131).

Article 13 of the Declaration of Human Rights statement, in which; ‘‘everyone has the right to freedom of movement and residence within the borders of the state.

Everyone has the right to leave any country, including his own, and to return to his country,” does not seem to apply in Saudi Arabia (Human Right Watch, 2010). While men are free to travel between Saudi cities, women must do so in a male guardian’s company. Moreover, women who wish to travel outside of the Kingdom are required to obtain the permission of their male guardian or a governmental agency, in addition to a passport. Al-Sharif (2008) notes that the restrictions on movement are not limited to women; young men under the age of 21 must have their father’s permission to travel abroad, even though males are considered to be adults from the age of 18. The restriction on women’s movement, however, applies to all females (Al-Sharif 2008).

In addition, the benefits and disadvantages of allowing women to drive has been discussed frequently in the press¹⁶. Arguments against such permission include the perception that traffic and parking would become problematic, and that expatriate drivers would lose their jobs (Quds, 2013). Women may be prone to threats from criminals and safety issues when they drive on their own. Those in favour of a change in the laws point to the lack of independence such restrictions create for women who need to travel generally or emergency situations if their guardians are not present (Al-Shabrawi et al., 2011). The inconvenience of not being permitted to drive was supported by Al-Mushait (2008, p.135) who commented that:

“Driving a car is very important for me as a physician. Sometimes I need to leave at different times and I also move from one hospital to another or to the outpatient clinics. It is not possible to have my driver waiting for me all day."

Such venues as the Saudi Women Revolution channel, introduced through the social network Twitter in February 2011, feature robust discussion of such issues.

16 On 26 September 2017, King Salman bin Abdul Aziz issued a royal order allowing Saudi women to issue licenses to drive cars, effective in June 2018.

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There is an urgent need to change the reality of Saudi women’s lives, such that they regain their human rights commensurate with the purposes of Islamic law in the values of justice, equality and freedom and with international conventions in the fields of women's rights (HRW, 2008). In that sense too, there is a need to remove the requirement that women should obtain permission from their guardian to carry out financial transactions, to enter into contracts, or to access education, work, or trade practice (Ibid).

In addition, there is a need to reconsider the Real Estate Development Fund’s system, which decides on grants women may obtain to purchase a private residence.

The current provision is only made available to women who meet certain criteria, such as being over the age of forty or divorced, for example. It is suggested that these criteria be removed to make it easier for women to obtain housing (UN- Habitat, 2007).

In conclusion, it could be argued that most of the rights of women granted by the Quran were removed by Saudi law and culture. This does not necessarily relate only to the neglected rights of women such as in terms of education, business ownership, employment and freedom of movement but also regarding the support system the Quran advocates. The next section looks at the poor women in Saudi Arabia in light of the Kingdom’s social changes, and the lack of application of proper Islamic support systems and ways of protecting them.

Islam and Saudi law state that the husband, the father, or another male relative are responsible for women. However, there are many examples of where men have abandoned their responsibilities. Despite the fact that there are ways of protecting women envisaged in Islamic and Saudi laws, men are able to abdicate responsibility without suffering any consequences.