On Aug. 26th the Saudi Arabian cabinet made a groundbreaking decision and ratified the “Protection from Abuse” law, criminalizing acts of domestic violence for the first time in the kingdom’s history. According to the World Health Organization, a staggering one in three women is a victim of domestic violence, and women in the Middle East are known to be at especially high risk. The law represents a breakthrough in the fight against domestic abuse in Saudi Arabia and could lead to positive progress throughout the region.
The bill appropriately offers a comprehensive definition of domestic abuse, describing it as “all forms of exploitation, or bodily, psychological, or sexual abuse, or the threat of it, committed by one person against another, including if [that person] has authority, power, or responsibility, or [if there is a] family, support sponsorship, guardianship, or living dependency relationship between the two [individuals].” Prior to the decision, there were no legal guidelines that dictated how those who committed acts of domestic violence would be charged, leaving the rulings open to personal interpretation and prejudices, or worse, kept within the family. Most importantly, the law takes a strong stance on punishment for crimes of domestic violence, with prison sentences of up to a year and fines of more than $13,000 USD.
The new law not only addresses the symptoms of abuse by punishing those who commit acts of domestic violence and providing treatment for the victims, but it also aims to attack the cause. By raising awareness through dialogue, the kingdom seeks to create a safer environment for women. Such an environment in the private sphere could serve to improve the status of women in the public sphere as well.
Interestingly, the law itself resulted from an awareness campaign undertaken by the King Khalid Foundation, a royal organization run by family members of the former King Khalid, starting in April of this year. The campaign consists of a print advertisement depicting a Muslim woman wearing the niqab looking at the camera, her left eye bruised and swollen. Beneath the image reads the statement “Some things can’t be covered – Fighting violence against women together,” as well as the contact information for local domestic abuse shelters. The advertisement is earthshaking, and the fact that it has been highly publicized in the press and social media is a testament to the unfortunate truth of its message.
Pressure to act has come from both within the kingdom and from outside. Since 2008, the United Nations has been pushing the kingdom to draft laws criminalizing domestic violence. “For several years, domestic abuse was sort of the elephant in the room. There was nowhere for a woman to go if she was abused because a system wasn’t set up to handle that,” said Princess Banderi, the King Khalid Foundation’s director general. According to the new law, victims and witnesses may come forward to authorities anonymously to report the crime, without fear of being ostracized.
It is worth mentioning that statistics surrounding domestic violence in the Middle East are unreliable due to the vast number of cases that go unreported. This hesitation to speak out against one’s husband or family member is culturally rooted. “There is a prevalent attitude that if a man hits his wife, it’s acceptable, because she’s not being a good wife,” remarked Adam Coogle, Middle East researcher at Human Rights Watch, an international non-governmental organization.
While it has been shown that women across the globe are increasingly rejecting domestic violence, women in the Middle East remain reluctant to condemn domestic abuse outright. In Jordan, for example, as little as 25 percent of women agree domestic violence is never okay. If the Saudi law is to be effective, women must be assured they are not shaming their family by coming forward, and it is the perpetrator’s actions, not their own, that are dishonorable. For too long women have remained silent for fear of divorce, defaming their reputation, or losing custody of their children.
Since the Arab Awakening, Saudi Arabia has worked to become a leader in the region, acting as an example of stability and progress for other countries. The implementation of the “Protection from Abuse” law could not only improve conditions for women within the kingdom, but also have far reaching effects for Arab women as a whole. While the new law is proof that grassroots movements can lead to substantive change in legislation in Saudi Arabia, tangible progress cannot come without the government’s dedication to the enforcement of the law.
Ariana Marnicio is the research assistant for the Women and Human Rights in the Middle East Program at Rice University’s Baker Institute. She recently graduated from Georgetown University with a degree in Arabic. She has lived in Egypt, Jordan and Oman. Her areas of interest include Arab culture, Islam and sexuality studies.