Women's Right to Choose a Spouse in Saudi Family Law Compared to Shari’a and International Conventions

Ahmed S. A. Alboraie; Khaled M. Hamdi; Nasser A. M. Hashem; Mohammed B. Malik; Mohamed B. Abdul-Rahim; Musaad A. Abdel-Khaleq

doi:10.61707/w51k2t83

Authors

Ahmed S. A. Alboraie Department of Jurisprudence, College of Sharia and Law, University of Hail, Saudi Arabia
Khaled M. Hamdi Department of Islamic studies, College of Sharia and Law, University of Hail, Saudi Arabia
Nasser A. M. Hashem Department of Islamic studies, College of Sharia and Law, University of Hail, Saudi Arabia
Mohammed B. Malik Department of Law, College of Sharia and Law, University of Hail, Saudi Arabia
Mohamed B. Abdul-Rahim Department of Islamic Studies, College of Education, Prince Sattam bin Abdulaziz University, Saudi Arabia
Musaad A. Abdel-Khaleq Department of Islamic Studies, Haql University College, University of Tabuk, Saudi Arabia

DOI:

https://doi.org/10.61707/w51k2t83

Keywords:

Male guardianship over women, compatibility between spouses, marriage of minors, Forced marriage, , Islamic jurisprudence, CEDAW

Abstract

Among the recent laws issued in the Kingdom of Saudi Arabia is the Personal Status Law issued in 2022, this law is considered a qualitative leap in the field of human rights. One of the main principles targeted by this law is empowering women and supporting their rights. It aims to address many societal problems that families and women have sometimes faced by regulating family relationships, rights, and duties for all family members. One of the significant rights guaranteed by the law for women is the right to choose a spouse without coercion. The law has established a set of procedures to ensure the consideration of this right in Saudi society. In this study, we aim to focus on the mechanisms of protecting this right in Saudi law and examine some important issues related to this right, such as male guardianship over women in marriage, determining the marriage age, compatibility between spouses, and the restrictions imposed on this right in Saudi law, comparing this issues with Islamic Sharia texts and international agreements.