JISPIL Vol 12 Issue 2 2016 - Article 3

The Concept of Guardianship over Women in Saudi Arabia
Bandar Alshahrani
 
Abstract:
This Article analyses the concept of guardianship over women under Islamic Law and culture. The guardianship has a greater foundation in cultural norms than it has in Islamic law. The legislation is often shaped by socio-cultural standards, just as these standards can be shaped by laws. Guardianship is often considered to derogate from women’s rights, while they represent principles that promote human rights in general. It should be noted that the abuse of these principles established by Shariah as a pretext for domination and violation of women’s rights remains within the framework of the individual wrong practices that the Kingdom’s laws and institutions are combating and eradicating. The study in the article deepens and sharpens the understanding of Islamic representations of women and their rights at the level of conceptual and normative enquiry.

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