Islamic history often portrays the Prophet Muhammad (Saw) and Islam as saviours of humanity, bringing ancient Arabia out of its dark age. It applauds Islam and its messenger’s efforts in improving the lives of women in 7th century Arabia.
Pagan Arabia is described as a land where female infanticide was common and where women, especially from low socioeconomic backgrounds, had very little rights. Islam came as a blessing prohibiting infanticide and establishing clear marital, divorce and inheritance rights for women and the Prophet urged his followers to genuinely love their mothers, sisters, wives and daughters.
Fast forward to 20th century Arabia
The Arabian peninsula is now mostly part of the Kingdom of Saudi Arabia, and, women there are living as second class citizens. They are constricted by a web of oppressive culture shaped from age old practices and a strict puritannical interpretation of the same religion that once improved the social status of their gender.
Saudi women have been mostly secluded from the public sphere. Until a few decades ago, they did not even have any individual national identity card and voting rights. Their role was mainly limited to households and as many were denied conventional education. It seemed like Wahhabism (a very strict branch of Sunni Islam) and age old cultural practices were having the better of Arabian women as portrayed by media outside the Middle East. Worse still, some in other parts of the Muslim world were taking these Saudi Arabian examples to oppress women.
As such, many around the Muslim world realised that the condition of women in the Islamic heartland had to change if we were to sustain the waves of improvements coming to the lives of women in other Muslim countries. This tradition of oppression in the name of Islam had to be eliminated if we were to fight Islamic fundamentalists to improve the lives of women.
It’s one thing to be pious, and another thing to justify denying women conventional education in the name of Islam. It’s one thing to be righteous, and another not to protect women from domestic abuse. It’s one thing to be just, and another to find an excuse to punish a woman for being raped. It’s one thing to be protective, and another to relegate a woman’s say in her own life.
Saudi women have long been fighting for their rights in public and private spheres of society. Like them, many others, from our very own country, have been struggling for better treatment in society. The struggle is difficult as some women actually refuse to see a change in their lives as they are constantly taught to think they are going against religion.
However, Saudi women have won some major victories in recent years which often fail to make headlines in western media. They can now be members of the Consultative (Shura) Council as well as vote and run in municipal elections from 2015.
More importantly, domestic violence against women and children together with other forms of abuse in both home and work places have been banned. Offenders will now face jail sentences and fines of up to 12 months and 50,000 Riyal respectively. Not only that, victims will have access to psychological and physical treatment but those who file complaints will also remain anonymous and immune from litigation.
For many, this is not a big deal. They reason that implementation of this law will be difficult and the punishment is rather light. However, they fail to realise the gravity of the concern for domestic and workplace abuse in Saudi Arabia, and how enacting such a law shows at least some acknowledgement by the monarchy for that concern.
For years, women could not complain about crimes like rape as they were worried about the social stigma of such crimes becoming public. Or worse they could be charged and punished for adultery and socialising with males. Now, such victims will at least know that the law is on their side and the strict Shariah inspired judicial system is outlawing domestic violence.
What will this mean for Bangladesh?
There may be a two-fold benefit from such a legislation in Saudi Arabia: We can now make a better case and build resistance against extremist elements in our own country using the Saudi precedent, especially in rural and remote areas.
On top of that, our migrant workers in Saudi Arabia, working in construction, household, etc, can now seek some form of justice for physical or sexual abuse in workplaces, provided our embassy and the Saudi authorities actually take note of this law and provide support and help to victims. At least, a way to justice for abuse will officially be there in Saudi law books.
Lastly, a positive message can now be sent to the world that even the strictest adherence to Islam and Prophetic teachings cannot be an excuse for not outlawing domestic violence and abuse. So, let’s take some time to laud this landmark Saudi legislation and appreciate the immense struggle of Saudi women and human rights activists.