Saudi Court Ruling Challenges “Guardianship” Customs

By Jaime Moore-Carrillo

A civil court in Jeddah, Saudi Arabia stunned the Saudi public on September 20 when it ordered a man to give his daughter her passport. The verdict challenged longstanding Saudi customs of male guardianship, reviving a simmering debate about women’s rights in the ultra-conservative kingdom.

The unnamed 24-year-old took her father to court when he refused to grant her the necessary documents that would allow her to study abroad. According to the custom of guardianship, women must receive permission from male guardians — typically close relatives — to engage in basic activities such as marriage, education, and travel. Male guardianship is a tradition derived from conservative Islamic convention. Officially, there are no written laws concerning male guardianship; nonetheless, the principle is widely applied in public and private spheres. In 2005, for example, a Saudi court forcibly separated a content couple under the pretense that the wife’s deceased father had not approved the marriage. In another incident, a surgeon refused to treat a critically injured woman who lacked approval for surgery by her guardian.

The plaintiff wished to nullify her father’s guardianship status. She stressed her independence from her father, noting that she had been living with her mother for ten years and had not seen her father in six. Her lawyer cited codes which decree that a guardian loses jurisdiction if he is unjust or cruel. The court sympathized with her appeal.

The decision ignited discussions across social media. Activists and other users slammed “contradictory” male guardianship laws and the systematic injustice that bred them. This outrage is not new. As Saudi Arabia has cautiously opened its arms to modernization, liberals have become increasingly critical of what they perceive as archaic and oppressive customs. Male guardianship continues to be a focus of this frustration.

After receiving 14,500 signatures, Saudi activists submitted the first public petition to end male guardianship to the Saudi royal court in 2016. Persistent international criticism has bolstered domestic complaints. Nevertheless, campaigns for liberalization have been largely ineffective. Saudi Arabia retains many rigid restrictions on female activity. Furthermore, the kingdom’s conservative voices have organized extensive campaigns in defense of guardianship.

The Saudi Crown Prince, Mohammad bin Salman, has offered a glimpse of hope for many liberals at home and abroad. In 2016, MBS, launched an ambitious initiative — Saudi Vision 2030— to socioeconomically modernize the country. In tandem with promises for economic development, MBS vowed to liberalize many of the nation’s social customs, including male guardianship. During the summer of 2018, MBS granted women the right to drive and visit the cinema. This most recent ruling may be an indication of further progress.