Gender Inequality of Saudi Arabian Laws Essay Example

Countries worldwide have developed different laws, punishments, and types of imprisonment and rehabilitation that align best with their needs and beliefs. While some countries may be more relaxed and focus on rehabilitation, others may take a harsher route with the type of punishment and imprisonment of their choosing. Following traditional Islamic Law, 

Saudi Arabia is an excellent example of one of the more barbarous countries with the array of punishments given. Saudi Arabia's traditional laws and views have caused a hostile environment for women with strict laws and expectations. Women of Saudi Arabia have little to no rights, causing gender inequality. With men having complete control over women and girls, many endure sexual abuse and domestic violence throughout their lives. Many women will never get justice for the abuse they have experienced, and for some, they could be held responsible and punished. The gender influence and inequality within the justice system of Saudi Arabia has inspired many women to further their education to help fight for women's rights and start to bring justice to those who have been harmed or abused by men of Saudi Arabia.

Many predominantly Muslim countries use Traditional Islamic Law, but Saudi Arabia follows the laws closer than most. Understanding Islamic Law and where it originates is a crucial factor in understanding the cruel punishments of Saudi Arabia. Traditional Islamic Law is considered the divine law of God that directly originates from the Quran and Sunnah. Religious scholars analyze religious texts to concur the most appropriate solution for cases where the Quran and Sunnah cannot address the punishment and crime. The reasoning of Saudi Arabia's implementation of strict laws in their justice system, Ann Black explains in her statement that "[s]tate legitimacy comes from upholding God's moral standards, not from being a reflector of human needs and wants" in her document "Court Ceremonies, Ritual and Symbolism How Islamic Law and English Common Law Are Conceptualised and Apply to an Unlawful Killing."(499). Breaking it down into three categories, Islamic Law has created a system to determine the punishments given to specific crimes, including Hudud,  Quesas, and Ta'azir. All three categories entail different crimes and punishments, including: 

Hudud…  are offenses sanctioned by fixed legal penalties. Hudud crimes are those that bring harm to the essential interests of an Islamic community; they imply a grave aggression on society's peace, order, and virtue. Thus, punishment for Hudud crimes is the most strict and decisive in Islamic criminal law… The offense is punishable by various severe penalties, including death, crucifixion, amputation of the opposing limbs, or banishment… Quesas, meaning "equality" or "equivalence," refers to an offense punishable by the same or a substantially similar act in retaliation for the injury inflicted… a victim or his legal representatives may demand other forms of compensation in lieu of physical punishment… the victim or his legal representatives may wholly forgive the offender… an offender found guilty of causing unintentional murder or bodily injury is also liable for Diyya, but not subject to physical punishment by Quesas… Ta'azir means discipline, rehabilitation, or discretionary correction. It encompasses all offenses for which Shari'a does not prescribe a punishment… the judge must consider the totality of the circumstances so as to render a penalty proportionate to the crime… (390-393)

Per Mohamed A. Arafa and  Jonathan G. Burns in the text "Judicial Corporal Punishment in the United States? Lessons from Islamic Criminal Law for Curing the Ills of Mass Incarceration." For numerous years Saudi Arabia rigorously has been following these laws and punishments.

Women of Saudi Arabia endure a plethora of abuse throughout their lifetime, particularly within their marriages. Islamic culture and religion are vital to why the abuse goes undocumented and not punished. For many women, abuse is considered the norm in their household; according to Sahar Alhabdan's statement, "...justification for abuse by men causes women to tolerate the abuse against them. One study in Saudi Arabia revealed that 36% of women disclosed that violence is an acceptable practice in the family and women deserved when women misbehave" in "Domestic Violence in Saudi Arabia" (117).  The thought process that aligns notably with such abuse and behavior stems from the concept of the religious text stating that women should obey their husbands as he obeys God, husband authority,  and the steps taken to punish a disobedient wife. Disobedience of a wife can include the lack of fulfilled duties given by the Islamic religion that impedes the husband's life, ignorance of requests by the husband, and an act of rebellion toward the husband. The husband follows a set of steps when disobedience occurs until the wife becomes obedient once again. According to Islamic law, the husband should communicate with his wife, separate/refrain from sexual intercourse, and then "lightly beat" his wife if still disobedient. The steps taken should only escalate to the next if the previous attempt has failed. Although specific rules are in place, many husbands ignore the first two steps and the "lightly" part of beating their wives.

Gender inequality is exceptionally prevalent in Saudi Arabia in most, if not all, aspects. Saudi Arabian women of all ages must have a male guardian labeled a mahram with authority over them. The Mahram System entails "...women are considered as legal minors under the control of their mahram (closest male relative, e.g., father, brother, grandfather, father's brother, husband, or son) and are subject to legal restrictions on their personal behaviour that do not apply to men." as reported by Liv Tønnessen in her report "Women's activism in Saudi Arabia: Male Guardianship and Sexual Violence" (8). Amongst other laws, including the driving ban, this system restricts women from reporting crimes such as physical and sexual abuse, voting, involvement in politics, education, work opportunities, and medical assistance. In turn, these restrictions have motivated several women to rebel, educate themselves, and join or form activist groups. Through the education journey, many women pursued a law degree and gained and proceeded to share the knowledge of women's rights that a large aggregate of women never knew existed. Katherin Zoepf gives an example of one of many women's reactions to this precise knowledge in her text "Sisters in Law.", avowing: 

She told me that it had never occurred to her that Saudi women had any legal rights, and she had resented the way that the legal system treated women. "I always thought that the flaw lay in the laws," she told me. Now, like Ferak and many other lawyers I spoke with, she expressed new confidence in the justice of Saudi law" (para 40).

The new understanding and awareness from women of the existing Saudi law that encompasses women's rights continue to be spread and be brought to light to an abundance of women in Saudi Arabia, furthering the advancement and support of women's rights within Saudi Arabia.

Gender inequality has caused the rise of women's advocacy in the Saudi Arabian women's community. Although Saudi Arabia will continue to enforce harsh punishment through traditional Islamic Law, and many women will still endure abuse from men for years to come, it will continue to inspire more women to fight. The longevity of abuse and inequality of Saudi women has inspired many of them to educate themselves to help others and eventually bring equality to Saudi Arabian women as a whole. 

Works Cited

Alhabdan, Sahar. “Domestic Violence in Saudi Arabia.” Digital Repository @ Maurer Law, Oct. 2015, www.repository.law.indiana.edu/etd/27. 

Arafa, Mohamed A., and Jonathan G. Burns. “Judicial Corporal Punishment in the United States? Lessons from Islamic Criminal Law for Curing the Ills of Mass Incarceration.” Indiana International & Comparative Law Review, vol. 25, no. 3, July 2015, pp. 385–420. EBSCOhost, doi:10.18060/7909.0032.

Black, Ann. “Court Ceremonies, Ritual and Symbolism How Islamic Law and English Common Law Are Conceptualised and Apply to an Unlawful Killing.” Griffith Law Review, vol. 21, no. 2, Aug. 2012, pp. 499–532. EBSCOhost, doi:10.1080/10383441.2012.10854751.

Tønnessen, Liv. “Women's Activism in Saudi Arabia: Male Guardianship and Sexual Violence.” CMI, Jan. 2016, www.cmi.no/publications/5696-womens-activism-in-saudi-arabia. 

 Zoepf, Katherin. “Sisters in Law.” New Yorker, vol. 91, no. 43, Jan. 2016, pp. 22–27. EBSCOhost, search-ebscohost-com.ezproxy.bakersfieldcollege.edu/login.aspx?direct=true&db=a9h&AN=112032704&site=ehost-live&scope=site.