Sunday, April 25, 2010

Score one for [rights]

MSNBC: Saudi girl, 12, divorces 80-year-old husband

A 12-year-old Saudi girl successfully obtained a divorce after being forced to marry her father's 80-year-old cousin.  The girl, with the help of the Human Rights Commission, was able to take the case to court, eventually settling out of court between the families.

I can not accurately express how amazing this case is.  It is a victory for children's rights, women's rights, and human rights in the Middle East in general.  The interpretation of Islam that Saudi Arabia follows, Wahhabism, is so restrictive towards women that they are not even allowed to drive (among the many other things that women are prevented from doing).  According to their interpretation of the Qur'an, Hadith, etc., since one of Muhammad's wives was nine when they married, child brides are therefore acceptable under Islam. [1]  In so many parts of the world, child brides are very common.  Therefore, this is a big deal.  Most child brides are unable to get out of their marriages and are forced into early pregnancy, which leads to severe health complications (e.g. fistulas) or death.  In cases of severe health complications such as fistulas, these young girls can be abandoned by their husbands, leaving them alone with a child and no resources at the age of eleven.

One great thing that came out of the case, as the article mentions, is this new consideration of creating a minimum age for marriage (sixteen) in Saudi Arabia.  Marriage many times in these situations leads to sex soon after the marriage; at the ages that these young girls are being married, their bodies are not developed enough to be physically capable of such a thing, let alone becoming pregnant.

Also, the question of marriage and divorce is raised in the Convention for the Elimination of Discrimination Against Women (CEDAW) in Article 16.  The text of Article 16 is long in itself (but well-worth the read), but I will cite some of the important points.  Section 1 states that equality is encouraged in regards to entering into marriage and freely choosing one's spouse.  Section 2 states:
The betrothal and marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.
As the Convention on the Rights of the Child (CRC) clearly sets the age of child at 18, these child brides quite easily fall under this category.  This is a contentious international legal issue, as Saudi Arabia's reservation to CEDAW states that anything contrary to Islamic law will not be followed.  However, as the government is now consulting with legal scholars along with human rights advocates and health care professionals (see the news article), hopefully this clause will no longer be contrary to Islamic law and will start to be followed.

All in all, this is such an excellent development, particularly in terms of young girls' rights.  My greatest hope is that many more young women across the globe will follow this girl's brave example and start challenging the laws and conventional practices in their countries for their own benefit.  Particularly after last week's news about the Yemeni child bride who died as a result of intercourse with her significantly older husband soon after their wedding. [2]  Hopefully soon we will reach the day where these stories are gone from the international stage and are simply a reminder of our terrible past.

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[1] This is an extremely simplified explanation; if you want something more in-depth, I suggest you read a book on the subject.
[2] Great CNN article on this

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