Why are female orphans being urged to accept misyar marriages?

Why does the ministry give an orphan the freedom to choose the husband who submits a misyar marriage application while it deprives her of the right to complete her education?

April 25, 2014

Maha Al-Shehri



Maha Al-Shehri

Al-Watan



The Ministry of Social Affairs has recently announced that it will welcome misyar marriage applications for those who want to get married to female orphans under the custody of the ministry. Misyar is a type of marriage in which a woman waives many of the rights she would otherwise have in a regular marriage contract. According to the ministry, this step is in line with the development plans the ministry is implementing to improve all of its sectors.



Strangely enough, if a single female orphan wants to apply for a scholarship to study abroad, she cannot do that because the ministry requires each orphan to have a mahram (a male relative she cannot marry like her brother, father, uncle, etc) or a husband. The ministry says it has set the condition of mahram or husband to protect the interests of female orphans. Well, I do not think so.



Why does the ministry give an orphan the freedom to choose the husband who submits a misyar marriage application while it deprives her of the right to complete her education?



Misyar marriage does not require the husband to provide the wife with her Shariah rights, such as accommodation, maintenance and food. So where is the sense in what the ministry is doing? The ministry’s so-called protection centers, where orphans live, are similar to prisons. An orphan might choose a misyar marriage, which does not guarantee the basic rights for a wife, just to get herself out of one of these centers.

 

I don’t understand how the ministry can take in and adopt female orphans and take good care of them, and then encourage them to enter into a misyar marriage contract, which, as I have said, deprives wives of many of the rights a regular marriage contract guarantees for them. Why does the ministry allow orphans to become involved in a marriage devoid of any human value? Why does the ministry put so many obstacles in the way of orphans who want to complete their education?



If a girl has reached the age of marriage, she is old enough and adult enough to make her own decision about a suitable marriage partner. I wonder why the ministry does not have a clear-cut  policy which guarantees the rights of orphans. The ministry does not have any policy in place which frees orphans from the social shackles which bind them. Why do orphans not have equal opportunities in education, work and marriage just like other members of society? The Kingdom’s orphans deserve a better life.



The current situation of female orphans is a flagrant breach of their human rights. It is against the ethical meaning of social care. The ministry should put in place comprehensive policies and programs to help orphans cope with their lives and become integrated into Saudi society.


April 25, 2014
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