Male guardianship over women under Islamic Shariah, Saudi Arabia’s Domestic Law and International Human Rights Law

Abstract

This thesis provides a conceptual analysis of the application of Islamic Shariah and international human rights law in the Kingdom of Saudi Arabia. It considers the jurisprudential roots of guardianship practices over women, its core concepts and key issues of dispute among Islamic scholars. Furthermore, it discusses the extent to which Saudi Arabia has managed to tackle the issue of women’s rights in its territory. The thesis examines the impact of guardianship and guardianship reforms on some of the women's rights in Saudi Arabia. Additionally, it considers the effects of the recent reforms relating to women’s right to education, the right to work and the right to freedom of movement. The thesis provides an overview of the recent reforms and the Vision 2030 strategy, which aim to resolve any issues or obstacles in regards to women’s rights and accelerate positive changes to improve the status of women in Saudi Arabia. Moreover, this stresses the importance that Saudi Arabia attaches to the issue of women’s rights. The thesis finally analyses how Saudi Arabia’s reliance on Shariah law ensures that the principle of equality between men and women is not undermined. Furthermore, this is achieved through the consideration of various factors such as the characteristics of men and women in Saudi society and the relationship between them. The thesis finds that Saudi Arabia’s laws aim to combat and eradicate violations of the principles established by Islamic Shariah relating to women’s rights. Additionally, it finds that the practice of male guardianship over women is now covered by Saudi Arabia’s legal framework pursuant to the recent legislation passed. The thesis finally puts forth several recommendations to improve upon the current legal position. Additionally, if the recommendations are followed, they may potentially resolve many of the issues highlighted throughout the thesis.