By Abdullah Al-Alweet
Al-Watan
A hashtag with the title “Saudi women demands nullification of male guardianship” went viral on Twitter recently. Many social media activists backed the demand, describing male guardianship as one of the major impediments that obstruct women’s progress in the Kingdom.
Some have pointed out that male guardianship obstructs the entire life of women. They say it was imposed on women without any legitimate reason or justification as part of a Saudi custom, which has nothing to do with the Islamic faith or human values.
The hashtag has received wide acceptance among the general public. At the same time, opposing voices could also be heard in some quarters. The opposition was not based on any valid Shariah principle but was rooted in the general suspicion of women in society.
I don’t want to delve deep into the male guardian system existing in our country. What makes people wonder about this custom is the Saudi laws support it. Is there any justification for imposing male guardianship on all activities of women including trade, education, travel, housing and employment? Supporters of the system insist its absence would cause various problems for women.
Some experts of Islamic jurisprudence have explicitly stressed that the guardianship is exclusively for the purpose of marriage. Even this argument is weak as most women do not need a guardian to solemnize marriage.
The Prophet Muhammad (peace be upon him) has stated that “Women are more qualified than their guardians to take a decision on matters concerning them.” It is surprising that even after this clear statement by the Prophet, people still insist on guardianship mainly by misinterpreting the Qur’anic verse: “Men are protectors of women.”
This verse was revealed with regard to deviant women, not women in general, and men were given the authority to prevent them from immoral practices. This does not mean men, even husbands, have the authority to intervene in all activities of a woman.
Following the prevalent custom, male guardianship is imposed on all matters concerning women in the Kingdom. This traditional system should be removed completely as demanded by women activists and it should not be continued as a culture or custom.
It’s high time that we express our full faith and confidence in women and their capabilities. Instead of applying guardianship on all women it may be applied on women who require such protection, especially minors. A mechanism should be developed to determine those women who deserve guardianship and who do not. Age can be one of the determining factors.
The government should decide that women who have crossed a certain age, obtained higher education and a job with a decent salary or enjoy a high position in society do not need male guardianship.
I would like to emphasize here that the existing system is more damaging to the Shariah-based rule than women themselves because Islam does not recognize such discriminatory roles for anyone.
How can a woman’s son become her male guardian who takes decisions in all her affairs? How can an illiterate father become the guardian of a highly educated woman? This issue deserves serious discussion in order to change women’s status in Saudi Arabia and enhance the Kingdom’s global reputation.
