The Rania Al-Baz abuse case is likely to be one of the first tests for the newly established National Human Rights Association (NHRA). On April 4, the popular TV presenter was beaten by her husband, suffering 13 facial fractures, and then dumped at a local hospital. Four days ago the husband surrendered to police and will remain in custody until a judge sees him in four weeks.
When members of the NHRA visited Rania in the hospital, she told them she wanted a divorce and custody of her children. Jawhara Al-Anqari, a senior member of the NHRA, said that she would personally see to it that justice was done. But the NHRA can do nothing until the judge rules on the case.
According to Shariah, in the event of a divorce, the mother gets custody of the children until the age of seven; after that, a boy is given the option of staying with his father or mother, with the other parent given visitation rights. Girls are given to the father. Exceptions are made in unusual circumstances; however, in Saudi courts, judges usually rule in favor of the father, regardless of his character or ability to support the children.
“The procedures have to be clear and the woman’s rights have to be protected, as do the children’s,” Al-Anqari told Arab News. “A man should not be able to intimidate his wife by threatening to take the children from her. When there is proof that the man is an unsuitable father, custody should go to the mother.”
Rania said she stayed with her husband despite his history of violence because she was afraid she would be denied custody of her children. When she attempted to leave him, he abducted the children and kept her from seeing them for two months.
“In cases of violence or abuse, there is government intervention. The role of the NHRA is to follow up on the application of the individual’s rights and protecting those rights,” Al-Anqari said.
In Rania’s case, the commission will attempt to secure her rights from the perspective of safety and Shariah, she said. The NHRA has no executive power but can only submit reports and ask a lawyer to follow up, for example.
“A father should know that he does not have the freedom to treat his children or his wife as he pleases,” Al-Anqari said. “In Islam, the parameters are clear and one of the most important things we can do is to depend on Islamic laws being applied to Islamic behavior.”
A common problem for women seeking divorce is that judges refuse on the grounds of keeping the family unit intact. But as Al-Anqari explained, “sometimes the judge does not realize that abuse in front of children produces abusive and violent citizens. In order to protect society, we have to consider ending the marriage where there is severe and continued abuse.”
She believes that if divorce is granted on these grounds, husbands must compensate wives for physical and emotional suffering. “The court system needs reform. I and many others have suggested the need for specialized family courts,” she said.
Domestic violence also raises the question of the role of the police. “Among the points I spoke to Interior Minister Prince Naif about is women’s participation in civil defense.” She mentioned the fire at a girls’ school in Makkah in which 14 girls died because the men were prevented from going in. “When a woman calls the police, it would be better, from a religious point of view, if a female police officer were sent along with men. There should be a women’s department in the police.”
She also wants greater awareness of what is Islamic and what is merely custom and tradition. Some Saudi traditions were not based in Islam but over the years have acquired legitimacy. In such cases, she said, people must be re-educated. This will take time. “Even if the abused woman forgives and relinquishes her right to press charges, society has an obligation to charge the abusive person and punish him or her.”
She considers Rania’s case an example of many others. “For a husband who is guilty of this kind of abuse to be set free by simply signing a paper is unacceptable. If there were a deterrent law which was applied, other men would think twice before abusing their wives and children. If the laws exist but are not enforced, they are useless and prevent nothing,” she added.
