The council’s  Social, Family and Youth Affairs Committee is still examining draft child protection laws, defining children as such until they turn 18.

“We want to protect children for as long as possible,” said committee and council member Najeeb Al-Zamil.

Fifteen Shoura Council members resisted a vote on the issue, preferring a debate instead.

“This is not the end but the decision does mean a set of procedures have to be followed. The members have the right to discuss the matter with the committee. The Shoura Council will later deliberate on this subject to make a final decision,” Al-Zamil said.

“Children in the Kingdom tend to stay in a protected environment with their parents, at least until the age of 18. Hence the proposed legal age was lifted from 15, as they might be too young to fend for themselves and are not in that mental state of maturity.”

Members opposed to the law support their claim with Islamic teachings (Shariah). Sheikh Saleh Al-Shamrani, a teacher at the Scholarly Institute for Islamic Studies, said that according to Shariah, the age of puberty is generally 15, although he accepted puberty was not always a sign of adulthood.

When asked about Shariah’s view on punishing minors, he said judges were given responsibility to exercise discretion based on each individual case.

The draft laws were developed after many reports of child abuse in the Kingdom, including from relatives. Al-Zamil argued that the legal age would help protect the rights of abused children, providing sufficient care and empowering children’s rights.

The proposed child protection system stresses the importance of protecting minors against physical, psychological, social and sexual abuse. It also aims to ensure children do not face discrimination based on their social, economic or family background.

The law also states that a child who commits a crime has the right to be treated according to his age, placed in a social protection shelter and questioned with a shelter member and lawyer present.

Shariah expert and human rights activist Suhaila Zain Al-Abideen said the current system treats minors who commit crimes like adults.

“People who opposed the draft based their claims on the views of ancient scholars in a different era,” she said. “As scholars, we can also have our own interpretations that suit our time.”

When asked if the new law would stop marriages involving minors in the Kingdom since it improves protection for children against sexual or physical abuse, she said: “One of the reasons they objected to the law is that they want to keep such marriages legalized.”

Al-Abideen said the Kingdom has already signed agreements with the GCC and international organizations for tackling child abuse, adding that all agreements define the legal age as 18.

“If we do not adhere to this, we will be contradicting ourselves. We do not give a 15-year-old a car license, but he can be imprisoned. What a contradiction,” she said.

Al-Zamil said the draft contains no references to child labor or the minimum marriage age in the Kingdom. “They are independent. Right now, we are focused on protecting children for as long as possible. Although we do understand those who oppose this law hold a biological perspective,” he said.