Discrimination Against Women in Saudi Arabia

By Matija Šerić

The Kingdom of Saudi Arabia (KSA) is one of the worst countries in the world when it comes to the rights of women and girls. In March 2024, women’s rights activists worldwide condemned the appointment of Abdulaziz Alwasil, the Saudi ambassador to the UN, as president of the UN Commission on the Status of Women. Numerous organizations highlighted the “irony” of appointing a man from a country “where, even on paper, the difference between the rights of men and women is extremely large” to lead a commission fighting for women’s rights.

Although Crown Prince Mohammed bin Salman (MBS) has been implementing legal reforms since 2017 to improve the status of women (e.g., lifting the driving ban, allowing mixed-gender events, and limiting the influence of the religious police), Saudi Arabia is still one of the countries with the worst position for women. The poor status of women in Saudi society is clearly visible and does not require an exceptionally skilled researcher to determine. Moreover, the Saudi state does not even attempt to hide the discrimination against all those who protest against the government.

The Case of the Three Al-Otaibi Sisters

This can be clearly seen in the case of fitness trainer Manahel al-Otaibi, who dared to defy established social norms and was subsequently sentenced to 11 years in prison, where she suffered horrors that endangered her life. In January 2024, al-Otaibi was sentenced by the notorious “counterterrorism” Specialized Criminal Court on charges of promoting the abolition of the male guardianship system on social media, posting videos in which she wore “immodest clothing” and “went shopping without wearing an abaya” (the traditional dress). In prison, she endured torture, solitary confinement, and physical attacks from fellow inmates and guards, which worsened the diagnosis of multiple sclerosis she had been diagnosed with in 2017 after her sister Mariam al-Otaibi, a prominent human rights defender, was arrested by the police. Mariam spent more than 100 days in prison. The third sister, Fawziya al-Otaibi, was arrested by Saudi authorities in 2022 and brought in for questioning but managed to escape abroad.

Repression of the Saudi regime

Historical, Cultural, and Religious Origins of Repression

The repression of women, as well as of anyone who thinks differently, is not only the result of the ruling Al-Saud family’s fear of losing the throne, but the reasons are deeper. They can be found in the customs that dominate the region. The fundamental drivers of female discrimination are the character of the Saudi state, which is largely defined by religion. Historical developments (the holy cities of Mecca and Medina, the spread of the Umayyad and Abbasid Caliphates) contributed to the fact that the Arabian Peninsula is dominated by Sunni Islam, specifically the ultraconservative Hanbali school of Islamic jurisprudence (madhhab). This is the most conservative of the four schools (Hanafi, Maliki, Shafi’i). The Hanbali school was founded by Ahmad ibn Hanbal in the 9th century, characterized by a strict interpretation of the Quran and Hadith, with minimal reliance on analogy (qiyas) and consensus (ijma). Hanbalism in Saudi Arabia and Qatar directly connects to Wahhabism, a theological-political movement that emerged in the Arabian Peninsula in the 18th century, advocating for an ultraconservative interpretation of Islam and a return to the original roots.

Better Status of Women Before 1979

Contrary to the beliefs of the uninformed, women were not in a drastically subordinate position to men in Saudi Arabia until the Islamic revival of 1979. Until then, women were not required to wear head and body coverings, could drive, invite men to their homes, and there was no legally mandated gender segregation. During King Faisal’s reign from 1964 to 1975, women’s access to education and employment expanded. At that time, many worked in various sectors, including education, healthcare, and administration, and gender segregation in society was minimal. Women were socially active.

Siege of Mecca in 1979

Islamic Revival and Discrimination

The Islamic revival that occurred at the end of 1979 was a consequence of the siege of the Grand Mosque in Mecca and the Islamic revolution in Iran. In November 1979, the Islamist group Ikhwan, consisting of 600 militants led by Juhayman al-Otaybi, attacked the holiest site in Islam with the aim of overthrowing the Saudi dynasty and establishing a sharia-based system. The militants blamed the Al-Saud family for betraying Islam by introducing secularism and making pacts with Christian countries like the USA. Iranian Ayatollah Ruhollah Khomeini claimed that it was a conspiracy organized by the USA and Israel. Although Saudi security forces managed to neutralize al-Otaybi and the militants in two weeks, at the beginning of December, the Saudi authorities introduced a stricter political system based on sharia.

The Islamic revival led to a sharp rise in conservative views and the introduction of stricter laws and regulations that limited women’s rights. During the 1980s and 1990s, Saudi Arabia introduced a series of restrictive laws that placed women in a subordinate position. Women were subjected to the male guardianship system. Their male relatives had legal control over important personal decisions, including marriage, divorce, travel, and education. Women needed the permission of their male guardian to travel within and outside the country. Without this permission, they were prevented from carrying out basic activities, such as going to work. Women were not allowed to drive cars. They had limited access to the labor market, and their employability was conditioned upon the approval of their male guardians. They had fewer rights in family law, including inheritance and child custody, and were subject to discrimination in divorce proceedings. They also had limited rights in the field of education.

Vision 2030 Brings Positive Changes

Saudi Arabia’s Vision 2030, launched in 2016 by Crown Prince Mohammed bin Salman, has brought significant changes to the lives of women. It is a developmental initiative aimed at making socio-economic changes to diversify the Saudi economy and reduce dependence on oil and gas. The core of the reforms is the empowerment of women.

Since 2018, women have been granted the right to drive cars. Some provisions of the male guardianship system were relaxed in 2019. Women were allowed to make their own decisions regarding travel and life partners. However, for marriage, divorce, or leaving certain institutions (such as prisons or shelters for abused women), the official consent of a guardian is still required. Women over the age of 21 have been allowed to apply for a passport and leave the kingdom without the permission of their male guardian. Since 2021, women have been allowed to go on the Hajj pilgrimage to Mecca with other women.

Women’s employment rights have expanded, including better access to jobs in sectors such as commerce, tourism, healthcare, and education. The proportion of women in the workforce increased from 23.2% in 2016 to 34.4% in 2022. Women currently own 45% of small and medium-sized businesses. They have become more active in political life, including voting and running for office. Laws have been enacted to better protect women from violence and abuse. Although these are significant advances, there is a gap between the laws on paper and the practices on the ground.

Saudi Arabia’s Vision 2030

Recent Legal Amendments

At the end of February, Saudi Arabia’s official gazette, Umm Al-Qura, published amendments to the Personal Status Law, which was passed in March 2022. The amendments limit the male guardianship system, forced marriages, set a minimum age for marriage (18 years), and strengthen women’s rights in divorce and child custody. These new regulations are a continuation of previously started reforms. However, caution is required, and it remains to be seen how they will be implemented in practice. Many provisions still depend on the discretion of the courts, raising questions about how judges will interpret them. The new reforms align with Saudi Vision 2030.

Intensification of Repression

In recent years, Saudi authorities have intensified repression against dissidents and critics of the Saudi social order. The authorities do not tolerate any public statements that could in any way threaten the stability of the regime or disrupt the social order. Critics of the government, journalists, activists, and ordinary citizens face severe consequences for expressing dissent, including long prison sentences, torture, and the death penalty. Saudi authorities use accusations of “violating national security” or “spreading false information” as justification for repressive measures, and the legislative framework that allows such actions is largely based on vague definitions.

In 2021, humanitarian worker Abdulrahman al-Sadhan was sentenced to 20 years in prison for satirical posts on Twitter. Professor Mohammed al-Ghamdi was sentenced to death in 2023 for several satirical comments on Twitter, on a profile followed by ten people. The sentence was later commuted to 30 years in prison. Women’s rights activist Nourah al-Qahtani was sentenced to 45 years in prison in 2022 for criticizing the government and certain aspects of Saudi society. Increasing surveillance of online activities and social media is leading to a reduction in freedom of expression. Many citizens are afraid to publicly express their views for fear of legal prosecution.

Women and the Saudi revolution

Proposals for Improving the Position of Women

Saudi Arabia is slowly progressing on the World Economic Forum’s Global Gender Gap Index. The country ranked 126th out of 146 countries in the 2024 report. However, much still needs to be done. Introducing comprehensive domestic violence legislation would help significantly. Budget allocations for violence prevention programs should be increased. Improving maternity leave (including introducing paternity leave) and support for child care could enable Saudi women to better balance family and professional life, making it easier for them to return to work after childbirth.

Financial assistance to women in accessing loans would also be necessary. Quotas for the number of women in public companies, especially in managerial positions, should be introduced to ensure their representation. Of course, male guardianship should be abolished. Additionally, the repression of women and all men who think differently from the ruling elite should be ended. In other words, the monarchical authorities should begin respecting human rights. As long as the ruling clique does not do this, Saudi Arabia will not be able to progress for the benefit of its citizens, and it will remain uncertain who will govern this important country in the future.

 

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