Haya Al-Manee
Al-Riyadh
Let us first agree on the fact that many Saudi laws treat women as if they are incompetent. If you disagree with me, then go and read these laws and see for yourself. The Basic Governance Law is the only one that puts women on equal footing with men and treats them just as competent as men without any discrimination.
It is funny that male minors become adults and are treated as such after they attain the age of 18 while women continue to be treated as incompetent no matter how old they become. That is why the guardianship system should be abolished and the above laws amended.
Princess Sarah Al-Faisal, Dr. Latifa Al-Shalan, myself and Sheikh Nasser Bin Dawood, who are all Shoura Council members, have called for amends to the Civil Status Law and for allowing women to get their own ID cards, regardless of whether they are widows, divorcees or married. After all, women are citizens and should be entitled to the rights granted to citizens. This is a basic right.
A group of Shoura Council members, including myself, have submitted a proposal to amend the law relating to issuing passports to women. In our proposal, we stated that women have the right to apply for and be issued with a passport without her male guardian’s consent. We emphasized that women are Saudi citizens and all citizens are entitled to a passport and should get one whenever they want to.
The proposal explained that this law, which regulates the process of issuing passports, does not mention anything that states a woman should not be allowed to travel without her male guardian’s consent. It only says that Saudi women who want to travel abroad should be allowed in line with the pertinent instructions. This clause is unclear and can be construed to mean social traditions and norms. As you probably know, traditions and norms are incompatible with and violate the legal text.
Therefore, the first thing we should do is to amend the laws that treat women as incompetent, give women their full legal rights and end the male control over women. All legal texts should be redrafted to reflect the fact that women are citizens and should be regarded as such in terms of rights and penalties. Strangely enough, a woman who commits a crime is sentenced without the presence of her male guardian but she needs her male guardian’s consent if she wants to travel abroad for higher studies. How paradoxical is that?
We hope that the pertinent authorities work together with the Shoura Council to amend the said laws in line with the Sharia, not in line with social traditions and norms.
