Toward the Development of Saudi Women's RIghts: Theory, Practice, Challenges, and Potential Solutions

Abstract

It is well known that one of the most prominent and turbulent conflicts in the twenty-first century between scholars and lawyers from eastern and western cultures revolves around the topic of women’s rights and related legislation. Consequently, in Saudi Arabia, where nearly every aspect of life from legislation to public relations is dictated by religion, women’s rights have been identified by many western societies as one of the most disconcerting issues in light of comparisons to international law, as well as to other Muslim nations. In last decade, Saudi women have witnessed various levels of governmental involvement aimed at increasing their participation in the public sector alongside men. Despite the fact that great steps were taken towards liberating women’s employment and freedom of movement on paper, changing the laws has not proven sufficient to challenge the various cultural norms that marginalizing women and their role in society. Considering women’s actual work and freedom rights, women continue to face obstacles to enjoying their full rights within the country. As a result, the ambiguous language of new statutes, in conjunction with a lack of enforcement or adherence, undermines government efforts to increase women’s freedom and gives social conventions the chance to reinterpret and apply these statutes as they see fit. This dissertation is divided into three parts with each addressing a specific aspect of the negative impacts of cultural norms over the legal application of women’s rights of employment and freedom of movement. First, this dissertation in its theoretical foundation explains the historical and cultural setting of Saudi Arabia with regard to women’s rights and outlines major attitudes of traditional Islamic views of women, their rights, and the concept of equality. Then, the second part more deeply examines the legal framework and status quo of women’s employment rights and freedom in the present and the primary attributes of Saudi religious discourse related to this subject. The third part of this dissertation is devoted to providing a critical analysis to identify the violations against Saudi women’s rights particularly in respect to employment and freedom of movement. The analysis additionally explores the role of cultural norms of the country in causing or enabling these violations in comparison with the Islamic perspective towards these issues. This dissertation reveals how cultural norms impact regulations as well as the ways in which the interpretation of Islamic law is misunderstood and incorrectlyapplied within the society. Furthermore, this dissertation finds that some conservative interpretations perpetuate a societal structure that supports the stereotype of women as nothing more than mothers and housewives in such a way that limits their participation within the public sphere. In the end, this dissertation concludes the discussion by providing a number of legal recommendations to ensure progress of women's rights that would be effective and acceptable to people from any viewpoint in the country.