In 1956, the Ahmed Zaki Yamani law firm was the first law firm in Saudi Arabia. In 2002 it established the first women’s department as part of the firm. “We did a study in which we asked women from different social groups if they would prefer speaking to a woman lawyar and many of them said yes, so the next step for us was to get permission and now we have women lawyers and legal consultants working with us,” said Faisal Yamani, the general manager of the firm.
Women’s requirements in terms of representation vary. There are those involved in commercial activities and transactions or in family-owned companies and there are those who require legal assistance in family matters such as divorce or custody or in giving power of attorney. “Because our society is governed by traditions, we faced difficulties in representing some of our female clients, especially on sensitive family issues and we wanted to provide them with the best possible service,” explained Yamani to Arab News.
Some firms have employed women lawyers but they did not publicize the fact and many of the women were not permanent employees. The idea of a women’s legal department did not take shape without criticism or problems. “To be honest, it has caused us a lot of problems,” said Yamani. “People thought it was a separate office to begin with and we were asked where the necessary license for such an office was, who the lawyers were and if they had the necessary certification to practice law,” said Yamani.
The problem is that women are unable to practice law in Saudi Arabia. “There are many Saudi and foreign women who have studied, and even practiced, law abroad but they cannot be licensed here,” he said. According to the Kingdom’s legal system, a law school graduate from a university abroad who works or trains for three years at a law firm in Saudi Arabia can be licensed as a lawyer. It is, however, only men who can be licensed. “The situation is ambiguous for women, but the matter is being discussed by the Ministry of Justice with the Minister himself reviewing it and even presenting it to the Shoura Council,” said Yamani. “I hope that in the near future women will be able to practice law within certain limits, given the requirements of our traditions and values.”
Maisa Abu-Dalbouh is a Saudi woman legal consultant in the Ahmed Zaki Yamani law firm. She received her law degree from Jordan and practiced there. She joined the local firm four months ago as a trainee, this is necessary because there are differences between the Jordanian legal system and the Saudi one. “Our department is concerned with women’s cases because as women, we feel more comfortable talking to a woman, especially in family cases. We also take care of commercial matters such as contracts, registration at the Jeddah Chamber of Commerce and signing a power of attorney document,” Abu-Dalbouh told Arab News. She meets with a female client, prepares the case and hands it to a male legal consultant to present in court. “Women are still unaware of our department but as they hear about us, they call and are happy to find there are female lawyers,” said Abu-Dalbouh.
“I think Saudi society will accept women lawyers if they are well-educated and if they work under the Saudi system and Shariah. We will be able to help women with their problems and serve society by participating in its development.” Yamani agreed, saying that like everything new, there might be objections at the beginning from some people but once they see the value and advantage, they will accept it.”
Other male Saudi lawyers also agree, “I think women Saudi lawyers are needed; it’s not a privilege for them but a necessity, especially in family law but not limited only to that,” said Dr. Basim Alim. “There is nothing to prevent them in Shariah, only the interpretation by the authorities not to issue them licenses,” he said. “Saudi women are capable of becoming lawyers; this is beyond debate. The world is full of women lawyers but the problem Saudi women face is that this is a male-dominated profession so it will be an uphill battle for them.” Moatasim Khashoggi believes that the problem will come from people questioning the women’s experience. If the women work hard, they will win people’s trust and confidence. He supports women in the field, especially as consultants but not as litigators in court unless the matter is cleared up by the Ministry of Justice.
As for the proposed Saudi Lawyers Association: “I think it’s a good idea for both lawyers and society in general, and I hope it will benefit the women lawyers by studying the issue and supporting us,” said Abu-Dalbouh. “Our judicial system keeps on improving, taking into account Islamic law and Shariah,” said Yamani. Each area needs improvements such as the foreign investment law, the labor law and medical sector laws, said Yamani. As for women, he hopes to see them given more freedom in terms of obtaining licenses and the opening of more areas for them in the commercial sector.
