Arab News RIYADH, Feb 6: Well-known Saudi family lawyer Sultan bin Zahim has come out strongly in support of an effort by the government's Human Rights Commission (HRC) to define a man's abuse of his role in his daughter's marriage as a form of human trafficking.
This abuse is called adhl (prevention in Arabic) and is referred to in Chapter 2, Verse 232 of the Holy Qur'an. A father who prevents his daughter from marrying a suitor who is otherwise considered an acceptable husband as defined in Shariah commits this crime.
The crime may also be committed by a woman's legal guardian, or wali, in the absence of the father. A common motive for committing adhl is a father's desire to maintain control of and access to an employed daughter's income.
Guardians also deny marriage on the basis of a suitor's tribal affiliations. Islam does not define perceived tribal incompatibility as a legitimate reason for a father to deny a daughter's desire to marry a suitor.
Last month, the HRC announced its effort to include the crime of adhl in the Kingdom's official definition of human trafficking, which would codify a punishment of up to 15 years in prison and a fine of up to SR1 million to any guardian found guilty of preventing a woman's right to marry a man otherwise deemed acceptable by Shariah. The punishment would also include revoking guardianship for men who abuse this control.
The HRC is also seeking to include forced marriage as a human trafficking crime. A common motive for forced marriage is a father's attempt to strengthen bonds between families or friends, often in exchange for a dowry that the father steals from his daughter.
Bin Zahim told Arab News that adhl should be considered a matter of the public's right to prevent the socially corrupting spread of marriage prevention or marriage against a woman's will, which are both considered crimes in Islam. Saudi jurisprudence defines crimes as violations of private rights, public rights, or both.
Saudi Arabia's human trafficking law was established in 2009. The HRC has said it dealt with 33 cases related to adhl or forced marriage in 2010. The HRC has also called on the courts to expedite pending adhl cases. When women contest their guardianship, they often end up in government shelters until a court can reassign guardianship, typically to an uncle or brother.
This effort comes at a time when Saudi Arabia is also debating the establishment of a minimum marriage age of 18 in order to stem the habit of marrying off young girls. The age limit has been hotly debated, with some suggesting it should be 15, which is a common age used in delineating a minor from a young adult. The logic behind establishing an age of consent is based on the understanding that a girl is incapable of providing consent to marriage. Forced marriage often involves pre-teen girls compelled to marry old men.
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