WUNRN
SAUDI
ARABIA - SAUDI HUMAN RIGHTS COMMISSION
TO
REVIEW CHILD BRIDE/DIVORCE CASE
"Activists
see the divorce proceedings as a test case that could pave the way for
introducing a minimum age for marriage in the kingdom, where child marriage is
common in poorer tribal areas."
Reuters - 09 February, 2010
Saudi
Arabia’s state human rights body has hired a lawyer to review the case of a
girl whose mother sought her divorce from an 80-year-old man, a move activists
hope is a first step against child marriage.
Saudi Arabia, a patriarchal society that applies an austere version of Sunni
Islam, has no minimum legal age for marriage. Fathers are granted guardianship
over their daughters, giving them control over who their daughters marry and
when.
The girl — believed to be 12 years old — from Buraidah, a conservative town
near the capital Riyadh, was married to her father’s elderly cousin late last
year for bridal money of 85,000 riyals ($ 23,000), lawyer Sultan bin Zahim
said.
Activists see the divorce proceedings as a test case that could pave the way
for introducing a minimum age for marriage in the kingdom, where child marriage
is common in poorer tribal areas.
The child’s mother had earlier filed for divorce on her daughter’s behalf but
withdrew without giving a reason after a second court hearing in early
February, Zahim told Reuters.
The state-affiliated rights body then took over the case, to investigate the
mother’s reasons for withdrawal as well as the age of the child and her
husband, which have been disputed, before they assess further action that they
can take.
The lawyer had previously stated that the Human Rights Commission is filing for
divorce on behalf of the child.
“(HRC) became involved in this case as a public rights issue that concerns the
Saudi community ... This case is still valid even after the mother withdrew,”
Zahim said.
This is the first time the commission has intervened in a case of child
marriage, an issue that was previously seen as a “family affair” and outside
the commission’s remit.
“This intervention is part of the commission’s authority in accordance with its
rules, however it cannot propagate these measures until it confirms the facts
in this case,” Zahim said.
Saudi Arabia is a signatory of the U.N. Convention on the Rights of a Child,
which considers those under 18 as children.
“This case is an investment in order to push for a law,” said Wajiha
al-Huweider, a Saudi rights activist. “We need to affect public opinion and I
believe that Saudi Arabia will issue a law preventing child marriages soon.”
Zuhair al-Harthi, a member of the advisory Shura Council, said a draft law on
banning child marriages was being studied by a government committee. But
activists fear it could take long.
“Such a law will take a long time to be passed as there are social, religious,
and cultural aspects,” said Mufleh al-Qahtani, chairman of the National Society
for Human Rights, a non-governmental organisation. Harthi said a quicker way to
address the issue could be for the government to ban notaries from performing
marriages for girls under the age of 18 years, which would be an intervention
on an administrative rather than legal level.
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