http://www.arabnews.com/?page=1&section=0&article=93232&d=7&m=3&y=2007

Saudi Women Demand Equal Citizenship Rights
Hassna’a Mokhtar, Arab News


JEDDAH, 7 March 2007 — Mohammed Noor Baksh, a 60-year-old Pakistani
driver, has been married to a Saudi woman for 27 years and hasn’t
traveled outside the Kingdom for the past 15 years.

He has two daughters — one 21-year-old and the other 19-year-old — and a
14-year-old son. When he tried getting his children Saudi nationality,
he hit a snag.

Baksh’s son wasn’t the problem: When he turns 18 he can apply for
citizenship with a strong likelihood of eventually being granted
citizenship as the male offspring of a Saudi woman. The girls, however,
are barred from the same process, jeopardizing their access to social
benefits accorded to Saudi citizens. To get citizenship, Baksh was told
they would need to marry Saudis.

“I applied to the Department of Civil Affairs in Makkah and Jeddah to
obtain for my children and myself Saudi citizenship, but my attempts
failed,” he said. “They told me that my daughters could get citizenship
only if they marry Saudi men and because I don’t have a degree I can’t
become Saudi.”

Recently the Shoura Council approved legislation granting citizenship to
foreign-born women married to Saudi men, as well as widows of deceased
Saudis. The law does not include Saudi women married to foreigners, so
the hurdles for Saudi women obtaining citizenship for the children of
their foreign husbands continue.

Abul Khal, a Saudi columnist, asked the obvious question in his Oct. 11
column in the Okaz newspaper: “Why doesn’t the law treat Saudi women
equally with Saudi men?”

Khal continued, “Saudi men married to non-Saudis receive so much
attention and have more prerogatives. ... Problems of Saudi women
married to non-Saudis have never been discussed in a way that finds
suitable solutions.”

Intermarriages between Saudis and non-Saudis often occur without
consideration of the legal and cultural complexities that sometimes end
up revoking such marriages.

A non-Saudi has to apply for a marriage permit to marry a Saudi woman.
Relevant official documents, medical records, passport, identification
letter and the marriage request must be submitted to the Interior
Ministry to issue the marriage permit. Only after this permit is issued
can the marriage legally take place.

Article 6 of the Saudi intermarriage by-law states: “Any Saudi man/woman
who desires to marry a non-Saudi woman/man must have acceptable
character, nationality and religion, excluding people belonging to
beliefs not approved by the Shariah.”

Noran N., a 26-year-old Saudi woman working and living in Cairo is
engaged to Mostafa M., a 26-year-old Egyptian. The couple applied for a
marriage permit at the cultural attaché’s office at the Saudi Embassy in
Egypt. After two months of waiting, their application was rejected
without clear justification. They were told later by an embassy official
that they need to address a higher authority if they wanted to obtain
the marriage authorization paper.

Saeed ibn Naser Al-Huresen, a 27-year-old Saudi legal adviser, said that
there are few conditions that govern granting the marriage permit.

“The Saudi woman has to be at least 29 or 30 years old to obtain the
permit when considering marrying a non-Saudi,” said Al-Huresen. “In
other words, she should be a spinster not highly desired by Saudi
suitors. In case the woman is divorced, her chances are much better in
acquiring the marriage permit.”

Al-Huresen also said that non-Saudi men that have lived in the Kingdom
for at least five years and are related in some way to their would-be
Saudi brides have an easier time obtaining marriage permits. (For
example, if the non-Saudi man has a cousin that is already married to a
relative of the Saudi woman’s family, the permit is easier to obtain.)

“Legal procedures to acquire the permit are usually easier when the man
comes from a Gulf country,” said Al-Huresen, adding that even if the
father is Saudi then girls have a harder time getting their citizenship.

“Male children can apply for Saudi citizenship when they turn 18,” he
said. “Applications are submitted to the Civil Affairs Department at the
Interior Ministry and they will look into the matter. As for women, they
are given a special ID card that facilitates their legal and official
procedures within the country but they can’t acquire the Saudi citizenship.”

For these girls, their only recourse is, again, to find a Saudi man to
marry in order to get citizenship.

Meanwhile, it appears that the number of Saudi women seeking to marry
foreigners is on the rise. Alarabiya.net reported in May that an
official involved in marriage authorizations in Riyadh said the number
of requests from Saudis women, especially doctors and academics, wanting
to marry non-Saudis has increased. Ahmed Al-Rubaian said there was a
need to expedite such requests due to a backlog.

Huda, a 27-year-old Saudi woman, is married to a 26-year-old
Syrian-Canadian. When they went in 2003 to obtain their Saudi marriage
permit, she said it took months. Eventually, she said they had to pay a
bribe to obtain permission.

“My husband had to go through lots of hassles to get the permit,” she
said. “And though it wasn’t said officially, there was a lot of money
involved.”

Huda said her husband had to pay SR40,000 ($10,667) to get the
authorization. Today, the couple is happily married with a toddler boy
who won’t be eligible for Saudi citizenship until he turns 18. Huda says
she has no regrets in her decision to marry a non-Saudi.

“Marrying a non-Saudi from my own experience gives women in the Kingdom
a better chance to get married,” she said. “Many Saudi men are not
willing or can’t handle marital responsibilities.”

Ghassan Al-Gain, a 50-year-old Islamic scholar, endorses intermarriages
when the bride and her family consent. “As long as the bride and her
family approve of the suitor, his nationality is not a concern,” he said.

Al-Gain said that Shariah allows for the rulers of Islamic countries to
design a system “to avoid experiencing difficult situations.”

He said, “However, governments have the right to constrain and codify
certain rulings that are permissible in Shariah. ... With Saudis
marrying non-Saudis, problems tend to be more complicated because of the
regulations and procedures of different countries.”

But do the regulation themselves create the complications? Whatever the
case may be, it appears that cultural issues are also at play.

Roa’a, a local monthly magazine, reported in September that the idea of
a Saudi woman marrying a non-Saudi man is still considered a taboo, but
not so much when a Saudi man marries a foreigner.

Cultural differences may also play an important factor in resistance to
Saudi women marrying out, especially in marriages with non-Arabs, whose
cultural backgrounds can be radically different.

Amira Kashgary, a Saudi columnist at Al-Watan daily, commenting on the
idea of intermarriages said: “Saudi society is conservative and closed.
Women, sisters, daughters and wives don’t possess freedom to make these
choices. It’s a male-dominant society so this reflects on the woman’s
legal and personal rights and choices. A Saudi woman marrying a
non-Saudi is still unacceptable as a natural response to the woman’s
status in the community.”

Kashgary pointed out that when marriages between Saudis and non-Saudis
collapse due to cultural or other incompatibilities, it affirms the
image that these types of marriages are ill advised, thus decreasing
popular support for the type of marriage. This is further exacerbated by
citizenship hurdles that ostensibly discourage Saudis from marrying
non-Saudis in general.

It appears that among many Arab countries women are not granted equal
rights to citizenship. The Women’s Learning Partnership is trying to
stand in solidarity with partners in the Middle East and Gulf regions to
call for women’s equal citizenship rights, including equal rights to
confer nationality to spouses and children. In counties like Egypt,
Lebanon, Palestine, Morocco and Jordan, Iran and the Gulf region, only
men have the legal right to confer nationality to non-national spouses
and children.

In Algeria, the nationality law has already been reformed to allow women
to confer their nationality to their spouses and children, and in Egypt,
reform enables women to confer nationality to their children only.

“These modifications came along as part of a reform campaign concerning
women’s issues and problems in the society,” writes Aziza Al-Manie in
her article published in Okaz daily on Oct. 18. “Change didn’t come
easily. The Egyptian woman had to struggle and fight for many years
claiming to change the unfair laws that discriminate against granting
her husband and children the citizenship equally to the man.”

While the Shoura Council decision was a welcome message to foreign women
married to Saudi men, Saudi women are still denied the right to get
citizenship for their children. Until the Shoura addresses this issue,
these children will not entitled to the social benefits their peers enoy
— all because their Saudi mothers dared to marry non-Saudi men.

+++




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