Judicial reforms give hope to lawyers
Published: Mar 8, 2010 00:39 Updated: Mar 8, 2010 00:39
WE women in Saudi Arabia have become so easy to please. The anticipation that we can one day drive is keeping us hopeful, although we know that there is going to be a lot of preliminary steps that need to be taken before we even get behind the wheel. This could take years.
Another example is the Saudi Ministry of Justice’s proposed new law allowing women to represent certain types of cases, which has been in the works for two years now. The bill is to be issued very soon. The media has created a hype over this subject even thought there is no date set for when this proposed law is to be implemented. Nevertheless, people left and right are spilling congratulatory words on each other. In this sense, one cannot say that Saudi women are not easy to please. Observe their gratitude when they are finally handed their basic rights. Let us not forget that these are basic rights we are not denied in Islam. The rigorous male guardianship system and not being able to drive have all been taken out of context.
Saudi women are permitted to study law in Saudi Arabia although they cannot obtain licenses to practice the profession, which means they end up working in hospitals, banks and government offices. The most that women lawyers can hope for at the moment is to be issued a restrictive license enabling them to gain access to only certain areas of courts and to represent only females. Note the words “restrictive license” because this means that women would only be able to represent cases on family law (such as child custody and divorce), housing plans, carrying out judicial procedures for registration of properties, legal arrangement of property ownership or merging of real estate properties.
The proposed new law does not include cases on criminal law and commercial law, which are essential since women are very much parties to criminal convictions, commercial disputes and corporate affairs.
This progressive and essential step forward resulted from the ministry’s suggestion that the best way to protect women’s basic rights is to allow these women to be represented by a female lawyer in court.
Women can argue their own cases in court but the system of male guardianship in Saudi Arabia means that women are prohibited from doing many acts without being accompanied by a male guardian. Their male guardian should be present with them in court. Women can have male attorneys arguing on their behalf, although in the courtroom women are separated from men by partitions. Women have been unsuccessfully arguing their own cases in court, which has not proved to have any positive or effective results. By being represented by a female lawyer, meaning a professional with whom these women can speak to freely will help achieve the required outcomes.
If the law allowing women to try legal cases in court is implemented, then I believe men who are pro change and development will support it. However, I do find that there will be many obstacles, which women will undoubtedly face.
Female lawyers will still have to be segregated from men to a certain extent. People have to understand that we live in a society where women and men on the most part are uncomfortable around each other due to years of separation.
What worries female lawyers is that the judges are all, without exception, men. As a lawyer, one has to be able to make an opening statement and a closing statement with confidence. Witnesses are of both genders and need to be questioned and interrogated. A good lawyer is one who has gained experience and one who has become confident with their ability to put forth their arguments. Unfortunately, in a society like ours, where women and men are so unnaturally uncomfortable around each other, how will we female lawyers grow to become the best lawyers we can be, if the only legal work we will ever hope to master and excel in is paperwork and non-confrontational cases.
The implementation of the new law allowing women to practice law is a first step in progressing women’s roles in the Saudi legal system. Universities that offer law degrees for women need to prepare their law students and equip them with the necessary skills and tactics offered to law students worldwide. Advocacy, litigation and mock trials need to be taught as part of the law degree if women are to truly receive the full legal preparation required to become competent lawyers.
There is a big difference between feminism and what women in Saudi Arabia are asking for in terms of basic rights. Unfortunately, years of being treated as second-class citizens has rendered a number of Saudi women passive. There is an astonishingly large number of Saudi citizens who sincerely believe that women are inferior. What we need to do is continue asking for change by using logic and reason while trying to explain why we want these changes to happen. But we need to actively ask.
Tala Al-Hejailan, is a Riyadh-based lawyer at Attayyar Law firm in association with Alem and Associates.
Comments
LEEN AL-HEJAILAN
Mar 8, 2010 16:49
Report abuseI believe the greatest problem we are facing is the huge population growth of unaware people. As you mentioned in your article âœThere is an astonishingly large number of Saudi citizens who sincerely believe that women are inferior.â These peopleâ™s beliefs and opinions are unimportant because they donâ™t allow us to progress with the rest of the world. It is the quality of the large number of children they have that is important and what these children are being taught in schools. Thoughts and beliefs are developed at an early age. Itâ™s never too late to start...
S. E. YARGER
Mar 8, 2010 20:23
Report abuseDR. M. ABDULRAHMAN
Mar 9, 2010 13:28
Report abuse