Child Custody in Saudi Arabia

Child Custody in Saudi Arabia

Introduction

The Kingdom of Saudi Arabia is an absolute monarchy that has been ruled by the Al Saud family since the country's unification in 1932. Saudi Arabia follows its own state-sponsored version of Sunni Islam, known as Wahhabism, which is considered one of the most conservative interpretations of the faith. The government and judicial system are based on the Saudi construction of Islamic law, which does not accept the premise that men and women should be treated equally. Women are subject to tighter legal restrictions on personal behavior than are men (Murawiec, 2003).

Saudi Arabia is a hierarchical society that values obedience, with the younger deferring to the older and women deferring to men in the family. Consequently, the biases built into the laws of the Kingdom and into their application reflect the biases in both society and scripture. While the majority of laws discriminate against women, the principle of equivalence is believed to sometimes work in women's favor. Women retain ownership of their own property after marriage and have no obligation to spend their wealth on behalf of their husbands or children.

The head-to-toe dress code (niqab and abaya) is imposed on all women with the idea that it is a woman's obligation to ensure the moral behavior of men and protect the “honor” of her family. In 2002, women were allowed to apply for their own individual identity cards, although they must still obtain the permission of their mahram.

Despite a growth in the number of employed Saudi women, it is estimated that nearly six times more Saudi men were employed in the Kingdom than Saudi women in 2002. It is also estimated that less than 10 percent of Saudi women over the age of 15 are in the workforce.

Discussion

When it comes to marriage, the degree to which a woman participates in decisions surrounding her own marriage depends entirely on her family and her own personal situation. A wife may obtain a divorce only if her husband granted her the right of divorce at the time of the signing of their marriage contract. Most women don't have that right, so a woman can only obtain a divorce by proving desertion or impotence on the part of the husband. She also has the right to buy her way out of the marriage, but she gives up her maintenance rights and mahr. The children legally belong to the father, so legally leaving him means giving up her children. Even paternal grandparents have priority over the mother in child custody (Coomaswaramy, 2001).

Women are not considered full people before the court. In cases involving divorce or child custody, women sometimes have to rely on their husbands, who are also their legal adversaries, to represent them. Education is free at all levels. However, it is estimated that only about 56 percent of girls are enrolled in elementary schools. It is estimated about the same percentage for women in higher education institutions.

Child Custody

The total fertility rate has fallen from almost ...