http://www.arabnews.com/?page=13§ion=0&article=124283&d=5&m=7&y=2009
Sunday 5 July 2009 (12 Rajab 1430)
We have no law to protect children
Saud Al-Balawi | Al-Watan, [email protected]
The case of Raziah, a young Afghan girl living in the Kingdom, is vividly
in our minds. The poor girl was kidnapped by an Egyptian resident in Madinah
who molested her and violated her innocence. For four years, he sexually abused
her although she was no more than 10. The man was caught by the security forces
in Madinah and is now awaiting trial.
Although the case is one that involves a clear violation of children's
rights, it is not being considered under a special law protecting children.
Rather, it is being looked at like any other crime. The criminal might be
beheaded if he is convicted but this will not negate the Saudi need for special
legislation to protect children against all crimes, the foremost of which is
allowing very young girls to marry.
All concerned government departments, as well as society at large, have
sympathized with the case of this unfortunate Afghan girl. This massive
expression of sympathy - both from society and the government - does not
emanate from a solid principle that we can build on.
In the absence of a clear-cut legal framework, we will see more child
abuse amidst the unjustified silence of concerned government departments,
particularly the judiciary. An example here is the attitude of the judiciary
regarding child marriages. Despite calls by the media and columnists to set a
minimum age at which girls can marry, our society is still hesitant and
skeptical in taking a solid stance on the crime of marrying young girls.
The latest example in these crimes is the case of Aminah, a 10-year-old
elementary school student, who will be married to a man 15 years her senior. He
will no doubt violate her childhood but it is a violation that is legitimized
by both social norms and a silent judiciary.
I have no doubt that the judiciary is the only government entity capable
of making a law setting a Shariah-compliant age of consent and, at the same
time, preserving the concept of human rights and taking into account
contemporary changes. We should always remember that we are not only an
integral part of the world but we are also under the global spotlight.
According to international law, childhood is under the age of 18. In the
Kingdom the age of maturity is still an unsettled issue with government
departments being unable to agree on it.
We have no set age at which girls can legally marry. The same is true for
crimes and punishments. In courts, for instance, a man may be considered
responsible for his crimes at the age of 15 while in the civil service, the age
for employment is 17 though it is 18 in business and banking. Therefore, age is
a vital element in defining various duties and responsibilities but the
marriage of young girls in our society is looked upon as permissible.
Some people give the example of the Prophet Muhammad's (peace be upon
him) marriage to Ayesha (may God be pleased with her) as a justification for
marrying their young daughters to much older men. It is true that Ayesha was
nine years old when the Prophet married her, but according to recent books and
research, she was not a child when she married. The marriage of the Prophet
should not be used as a justification because it was something special for the
Prophet as he had taken nine wives.
In this context, it is important to remember that the Kingdom is a
signatory of the International Declaration of Human Rights and therefore we are
obliged to carry out what we have agreed to.
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