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5 Asia-Pac. J. on Hum. Rts. & L. 49 (2004)
A State of Oppression - Women's Rights in Saudi Arabia

handle is hein.journals/apjur5 and id is 53 raw text is: Asia-Pacific Journal on Human Rights and the Law 1: 49-67, 2004. 0 2004 Koninklijke Brill Vf' Printed in the Netherlands A STATE OF OPPRESSION? WOMEN'S RIGHTS IN SAUDI ARABIA Sifa Mtango* 1. Introduction The status of women in Saudi Arabia is determined by traditional and religious practices that are often sanctioned by law. Women in Saudi Arabia can be seen to be in a position subservient to men as restrictions are strictly applied which curtail their way of life. These restrictions are often explained by reference to Islamic requirements, but the Qur'an and other sources of Islamic lam- do not necessarily support the interpretations of the law that Saudi authorities apply. Saudi Arabia is a monarchy with the Shari'a as the basis of the system of government. Article 1 of the Basic Law stipulates that the Constitution of Saudi Arabia is God's Holy Book, the Qur'an, and His Prophet's Tradition, the hadith. The religious basis of Saudi rule is confirmed in Article 7, which states the Qur'an and hadith 'are the sources of authority of the government', and that 'they are the arbiters of this law and all other laws.' Thus, Saudi Arabia is an Islamic state, with the laws of Islam as its foundation; consequently any criticism or questioning of Saudi laws is often viewed as a criticism of Islam. Given the entwining of Islam and Saudi law, the question that arises is whether the Qur'an and other Islamic sources of law support the restrictions imposed on women in Saudi Arabia. To answer this, one needs to look at these restrictions and evaluate them in light of the Shari'a, to determine whether they are in fact what the law provides. In many, if not most cases, it can be argued that the law in Saudi Arabia is in fact an interpretation of the Qur'an that does not reflect the intentions of the holy . School of Law, Murdoch University, Perth, Australia.

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