By Lauren Mellinger
Impunity Watch Reporter, Middle East
RIYADH, Saudi Arabia – On December 20, a Saudi Arabian court rejected a plea to grant a divorce to an eight-year-old girl from an arranged marriage with a man 50 years her senior.
The girl’s father had agreed to marry her off in exchange for a dowry of 30,000 riyals (US $7,500), paid to the girl’s father in advance of the marriage. At the time the agreement was reached the girl’s father was experiencing financial difficulty. The money he obtained from the marriage contract would be sufficient to erase all of his debt.
According to relatives of the girl, the marriage has not been consummated and the girl continues to live with her mother, at least until the case is heard on appeal. The terms of the marriage contract arranged between the girl’s father and the groom stipulate that the marriage is not to be consummated for another 10 years, until the girl reaches the age of 18. As of now, the girl has not been informed that she is married.
The girl’s husband considers the marriage to have been entered into legally and refuses to divorce her. The girl’s father was present in court but continues to support the marriage contract he entered into on behalf of his daughter.
The case was brought before the court in Unayzah by the girl’s mother in August, shortly after the marriage contract had been signed by the girls father and the groom. At the time the case was filed the girl had not yet reached the age of puberty and under Saudi law could not file a claim on her behalf. According to the presiding judge Sheikh Habib al-Habib, the girl could file the case herself when she reaches puberty. Currently a lawyer for the girl’s mother is appealing the verdict to the Court of Cassation – the Supreme Court of Saudi Arabia. However, the Court of Cassation applies Sharia law, and arranged marriages, including those involving pre-adolescents are common in Saudi Arabia, where the majority of the population observes the strict Wahabi interpretation of Sunni Islam.
The girls’ lawyer, Abdullah al-Jutaili, is urging the government to use this opportunity to improve regulations for marriage procedures throughout the country. In this case, the 58-year-old groom was able to obtain a premarital health certification for the girl, despite the fact that she is only eight-years-old. According to Al-Jutaili, the notaries who issue marriage contracts are a large part of the problem, as they often issue the certificates without first seeking the consent of the bride, and taking into account the reports of the health workers regarding the premarital tests.
For more information, please see:
Arab News – Court Rejects Onaizah Girl’s Divorce Plea – 22 December 2008
Gulf Daily News – Divorce Plea is Rejected – 22 December 2008
Sky News – No Divorce for Eight Year Old – 22 December 2008
AFP – Saudi Court Rejects Divorcing Eight-Year-Old Girl – 20 December 2008
Sydney Morning Herald – Delay on Divorce Running for Girl, 8 – 20 December 2008
