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Breaking fetters of male guardianship
Published in The Saudi Gazette on 10 - 06 - 2017

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SAUDI GAZETTE REPORT
WOMEN in Saudi Arabia will no longer require the consent of a male guardian to obtain state services. Custodian of the Two Holy Mosques King Salman last month issued a landmark decree, giving greater freedom and rights to a half of the country's population.
The historic decision expressly demonstrates that the Saudi government is serious about steps to empower women and make them a major partner in the country's economic growth and social development. It is a confirmation of the state's intention to enable women to freely enjoy their right to education, employment, healthcare and a host of other services.
The decree, which came after Saudi Arabia was appointed to the UN Commission on the Status of Women, states that women are no longer required to obtain the permission of a male guardian to request the services of public or private institutions unless there is a legal basis for such a requirement in accordance with the Shariah.
In the past Saudi women applying for various government services were obliged to provide written consent from their guardians for their applications to be processed. The guardian can be father, brother, husband, or son.
This provision had created endless problems especially for women without male relatives who could act as their guardians.
The supreme authorities have asked all related agencies to review within three months procedures that still require a guardian's approval to complete before the requirement will be finally lifted.
Saudi women required the guardian's approval for many of their everyday activities from education and employment to opening bank accounts or visiting doctors.
Speaking to Al-Riyadh newspaper, many human rights activists praised the new decree, saying male guardianship was an obstacle for women to access various services.
Dr. Suhaila Zein Al-Abedin, a member of the National Society for Human Rights, said King Salman, through this noble decision, meant to give women full rights granted them by Islam.
Welcoming the royal decree, Human Rights Commission President Bandar Al-Aiban said it reflected King Salman's keenness to simplify procedures for women.
Al-Abedin, however, expressed regret over attempts by some people to misinterpret the decree taking passages out of context. Despite the comprehensiveness of the royal order, these people insist that the decree is flexible and there are exceptions, she said.
Al-Abedin wondered where these exceptions came from. She said the decision would become meaningless if it did not involve the annulment of the guardianship law in toto. "These are restrictions imposed by society, not God," she said.
Explaining her understanding of the decree, Al-Abedin said, "There is an explicit reference to what is stated in the Islamic Shariah and that is not to impose guardianship on an adult woman. It is well known that the Shariah does not require a man's consent or approval for decisions by a mature and sane woman. Women are equal to men when it comes to rights and Islam does not exclude them from obligations or punishments for being female."
She pointed out that the royal decree is emphatic that "unless there is a systemic basis in accordance with the provisions of the Islamic Shariah", which means the official bond is the Islamic law. "Here we ask all government agencies to review and amend laws and regulations that are not in conformity with the Islamic law," Al-Abedin said.
She said currently there is no condition in the system requiring the consent of a guardian for many services.
"I myself have undergone key surgeries without the consent of a male guardian. I have not been asked to get the guardian's consent in the banks or in the judiciary. The sales and purchase contracts have not required it either. Many women in the country already enjoy such rights," she said.
Dr. Hatoon Al-Fassi, professor of history and writer, said the royal decision heralds the beginning of a new era for Saudi women. "The new era will be characterized by firmness and determination to rid Saudi Arabia of the roots of patriarchal hegemony externally and internally with regard to the rights of women," Al-Fassi said.
"This decree brings us to the path of rights and legality, and puts an end to the age of personal whims," she added.
Al-Fassi said the decision confirms Saudi Arabia's access to the UN Commission on the Status of Women was well deserved.
This will also put an end to the confusion over women status in Saudi Arabia that had always been a cause of embarrassment for the country on the global stage, she said.
"I am happy that the Kingdom is finally adopting the culture of international conventions that it has joined. I am also happy that a timetable is set to implement the decision, which means the matter will not be left to the discretion of anyone," Al-Fassi said.
"It is inconceivable that women remain hostages to interpretations that can be narrowed, while we should have recognized that all citizens are equal as regards to rights and duties. I hope a decisive solution to the issue of women's transportation would be forthcoming."
Dr. Samia Al-Amoudi of King Abdulaziz University said the decree means breaking the taboo surrounding women's issues in Saudi Arabia.
With regard to the need for awareness and for the Human Rights Commission to disseminate information on women's rights, she said it is important to recognize international conventions such as the Convention on the Elimination of All Forms of Discrimination Against Women and it means the recognition of the right to freedom of movement.
Male guardianship has always been an obstacle to women and it is demeaning because some men abuse their authority over women to take advantage, said Maha Akeel, director of public information and communication at the Organization of Islamic Cooperation (OIC).
According to Akeel, the decree recognizes the right of a woman "to be her own guardian and take care of her official matters."
This means women could, in some circumstances, study and access hospital treatment, work in the public and private sector and represent themselves in court without the consent of a male guardian.
"Now at least it opens the door for discussion on the guardian system," Akeel told Reuters. "Saudi women are independent and can take care of themselves."


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