by Jean Sasson
You may approach them
in any manner, time, or place
Ordained for you, by God.
SUBJECT
After a man divorces a woman, he must ensure that she does not carry his child. If the woman is pregnant, she must be cared for by the husband.
ACTUAL VERSE FROM THE KORAN:
SURA II, 228
Divorced women shall
wait, concerning themselves
For three monthly periods.
It is not lawful for them
to hide what God has created
in their wombs.
Their husbands have the right
to take them back, in that time
of reconciliation.
And women have the rights
similar to the rights,
Against them, according to
what is equitable;
But men have more rights
and power over them,
For God is most powerful
and wise.
SUBJECT
After a man divorces a woman, he may remarry her if she has married and divorced another man since. If he divorces her a second time, he is forbidden from marrying her again.
ACTUAL VERSE FROM THE KORAN:
SURA II, 229
A divorce is permissible
two times only. After that, The parties should hold together
on agreeable terms,
Or separate with kindness.
SURA II, 230
If a husband divorces
his wife, He cannot,
after that, remarry her
until she has married
another husband, and he
has divorced her.
SURA II, 241
For divorced women
a reasonable maintenance
should be provided.
SURA II, 241
For divorced women a reasonable maintenance should be provided.
SUBJECT
The number of women that a man may marry and instructions to present them with a dowry are explained in the following verse.
ACTUAL VERSE FROM THE KORAN:
SURA III, 3
Marry women of your choice,
Two, or three, or four;
But if you fear that you shall not
be able to deal justly,
Then take only one woman
or a captive
That your right hand possess,
That will be more suitable
to prevent you
from doing injustice.
Upon marriage, give the women
their dower, as a free gift;
but if they of their own good
pleasure remit any part of it
back to you,
Then take it and enjoy it
with good cheer.
SUBJECT
The inheritance for children is explained below. Male children are to receive twice what female children are given.
ACTUAL VERSE FROM THE KORAN:
SURA IV, 11
God directs you as regards to
your children. The male shall
receive a portion equal to that
of two females.
SUBJECT
Specific instructions are given on what to do with women who break the law against sex crimes. A second verse speaks of the action to be taken against men under similar circumstances.
ACTUAL VERSE FROM THE KORAN:
SURA IV, 15
If any of your women
are guilty of lewdness,
Take the evidence of four
witnesses from amongst you,
Against them; and if they testify,
confine them to houses until
Death do claim them.
SURA IV, 16
If two men among you
are guilty of lewdness,
Punish them both.
If they repent and amend,
Leave them alone.
SUBJECT
The Koran specifically names women who are forbidden to men for marriage.
ACTUAL VERSE FROM THE KORAN:
SURA IV, 22
Marry not women
whom your fathers married.
SURA IV, 23
Prohibited to you are:
Your mothers; daughters;
sisters; father’s sisters;
mother’s sisters; brother’s
daughters; sister’s daughters;
step-daughters under you; those
who have been married to your
sons; and two sisters in wedlock
at one and the same time. (If you
divorce one sister then you may
marry the other.)
SURA IV, 24
Also prohibited are women that
are already married.
SUBJECT
A Muslim man may not go to God with his prayers if he has touched a woman. There is a special verse advising him what to do if he has touched a woman and there is no water to wash.
ACTUAL VERSE FROM THE KORAN:
SURA C, 43
Or if you have been
in contact with women,
and you can find no water,
Then take for yourselves
sand from the earth,
And rub therewith
your face and hands.
SUBJECT
Sex crimes are crimes against God. Serious punishment is reserved for those who commit such acts.
ACTUAL VERSE FROM THE KORAN:
SURA XXIV, 2
The woman and the man
guilty of adultery or fornication,
flog each of them with a hundred stripes,
Let not compassion move you
in their case, in a matter
prescribed by God.
SURA XXIV, 3
No man guilty of adultery or fornication
marry but a woman similarly guilty, or an
unbeliever, Nor let a woman marry anyone
but a man similarly guilty, or an unbeliever.
SUBJECT
The charge of fornication or adultery is of such a serious nature that four witnesses must be produced.
ACTUAL VERSE FROM THE KORAN:
SURA XXIV, 4
And those who launch
a charge against chaste women
and produce not four witnesses,
[To support their allegations]
Flog them [the accuser] with eighty stripes;
And reject their evidence
ever after, for such men
are wicked transgressors.
SUBJECT
If a man accuses his wife of adultery or fornication, and has no witnesses to support his allegations, he must swear by the name of God that he is speaking the truth.
ACTUAL VERSE FROM THE KORAN:
SURA XXIV, 6
And for those who launch
a charge against their spouses
and have no evidence but their own,
Their solitary evidence
[can be received]
if they bear witness four times
[With an oath] by God,
That they are solemnly
telling the Truth
SURA XXIV, 7
And the fifth [oath]
that they solemnly invoke,
The curse of God, on themselves
if they tell a lie.
SUBJECT
Muslim women in Saudi Arabia cover their faces or subject themselves to great harassment by the men of religion. The segregation of the sexes is absolute in all walks of life.
ACTUAL VERSE FROM THE KORAN:
SURA XXIV, 31
And say to the believing women
that they should lower their
gaze and guard their modesty;
that they should not display
their beauty and ornaments except
what must ordinarily appear.
Therefore, they should draw their veils
&nb
sp; over their bosoms and not display
their beauty except to their husbands,
their fathers, their husbands’ fathers,
their sons, their husbands’ sons, their
brothers or their brothers’ sons, or their
sisters’ sons, or their women, or the
slaves they possess, or male servants
who are free of physical needs,
or small children who have no sense
of shame of sex.
SUBJECT
The Koran states that a woman who is elderly may lay aside her outer garments (veil, abaaya). In fact, women of Arabia never stop veiling, regardless of their age.
ACTUAL VERSE FROM THE KORAN:
SURA XXIV, 60
Such elderly women that are
past the prospect of marriage,
there is no blame on them,
If they lay aside their outer garments,
Provided they make not a wanton display
of their beauty; but it is best for
them to be modest.
Appendix B—Laws of Saudi Arabia
The criminal laws of Saudi Arabia adhere to strict Islamic precepts. The word Islam means “Surrender to the will of God.” The most important concept of Islam is the Shari’a, or the “path,” which embraces the total way of life ordained by God. All people of the Islamic religion are expected to conduct their lives by the traditional values set by Mohammed, the Prophet of God, who was born in A.D. 570 and died in A.D. 632.
It is difficult for most Westerners to understand the complete and total submission of Muslims to the laws of the Koran in every aspect of their daily life. The Koran, along with traditions set by Mohammed, is the law of the land in Saudi Arabia. While living in Saudi Arabia, I once asked a noted scholar of Islam, who made his living as an attorney, to describe the application of justice in Saudi Arabia that stems from the teachings of the Prophet. His explanations helped dispel my misunderstandings of Saudi law. Here is a portion of his written report to me that I thought might appeal to the reader’s interest:
1. There are four main sources of the Shari’a: the Koran, which is compiled of thousands of religious verses revealed by God through his Prophet, Mohammed; the Sunna, which are the traditions the Prophet addressed that are not recorded in the Koran; the Ijma, which are the perceptions of the Ulema, or religious scholars; and the Qiyas, which is a method whereby known jurists agree upon new legal principles.
2. The king of Saudi Arabia is not exempt from the regulations set forth by the Shari’a.
3. The court system itself is complicated, but if a judgment is appealed, it is reviewed by the court of appeals. This court, usually consisting of three members, increases to five members if the sentence imposes death or mutilation. The king is the final arbitrator who serves as a final court of appeal and as a source of pardon.
4. Crimes are classified into three divisions: Hudud, Tazir, and Qisas. Crimes of Hudud are crimes that are denounced by God; the punishment is made known in the Koran. Crimes of Tazir are given to the appropriate authority to determine punishment. Crimes of Qisas give the victim the right to retaliate.
Crimes of Hudud
Crimes of Hudud include theft, drinking of alcohol, defamation of Islam, fornication, and adultery. Persons found guilty of theft are punished by payment of fines, imprisonment, or amputation of the right hand. (The left hand is amputated if the right has already been amputated.)
Persons found guilty of drinking, selling, or buying alcohol, sniffing drugs, taking injection of drugs, or stirring drugs into dough are punished by a sentence of eighty lashes.
Persons found guilty of defamation of Islam are sentenced according to the circumstances. The harshness of the sentence varies depending on whether the person is a Muslim or a non-Muslim. Flogging is the general punishment for Muslims.
Persons found guilty of fornication are flogged. Men are flogged while standing and women while sitting. The faces, heads, and vital organs of the guilty are protected. The usual number is forty lashes, but this number may vary according to the circumstances.
Adultery is the most serious of crimes. If the guilty party is married, he or she is sentenced to death by stoning, beheading, or shooting. Stoning is the usual method of punishment. Proof of this crime must be established by confession or by four witnesses to the act.
Crimes of Tazir
The crimes of Tazir are similar to misdemeanor crimes in America. There is no set punishment, but each person is judged on an individual basis, according to the seriousness of the crime and the sorrow shown by the criminal.
Crimes of Qisas
If a person is found guilty of crimes against a victim or his family, the aggrieved family has the right to retaliate. The sentence is decided in private by the family and the actual punishment is carried out in private.
If murder has been committed, the family has the right to kill the murderer in the same method their loved one was murdered, or in any method they choose.
If a member of the family was accidentally killed (such as in an automobile accident), the family of the deceased may collect “blood money.” In the past, camels were used as pay for blood money; today the rate of exchange is in currency. There are set damages according to the various circumstances: The payment can be anywhere from SR 120,000 to SR 300,000 ($45,000 to $80,000). If a woman is killed, the payment is one half that of a man.
If a person cuts off another person’s body part, the family or the victim may commit the same act upon the guilty party.
Who May Testify in Criminal Proceedings
The witness must be deemed sane, the age of an adult, and a Muslim. Non-Muslims may not testify in criminal court. Women may not testify unless it is a personal matter that did not occur in the sight of men. Actually, the testimony of a woman is not regarded as fact but rather as presumption. The court may decide whether the testimony is valid according to the circumstances.
Why Women Are Forbidden to Testify in Criminal Proceedings
There are four reasons given why women’s testimony is not valid in a Saudi court:
1. Women are much more emotional than men and will, as a result of their emotions, distort their testimony.
2. Women do not participate in public life, so they will not be capable of understanding what they observe.
3. Women are dominated completely by men, who by the grace of God are deemed superior; therefore, women will give testimony according to what the last man told them.
4. Women are forgetful and their testimony cannot be considered reliable.
Appendix C—Glossary
The meaning of these Arabic words, expressions, and places is usually explained as they occur in the text.
Abaaya: A long, black cloak worn over the clothing of Saudi Arabian women
Abu Dhabi: A city located in the United Arab Emirates
Al Sa’ud: The family that rules the Kingdom of Saudi Arabia
Asir :The traditional name for the southwest region of Saudi Arabia
Baath: A political movement that began in Syria and spread to Iraq. Arab unity is at the center of its doctrine.
Bahrain: An island nation that is linked to Saudi Arabia by a causeway
Bedouin: The original Arabs, a nomadic desert people
Buddha: The Indian philosopher who was the founder of Buddhism
Constantinople: The former capital of Turkey and the Ottoman Empire, now named Istanbul
Dammam: The city in Saudi Arabia where oil was first struck in 1938
Dar’iyah: The old city of Riyadh
Dubai: A city located in the United Arab Emirates
Empty Quarter: The great desert occupying the southeast corner of Saudi Arabia. Its Arabic name is Rub al Khali.
Ghutra: The Arabian cloth headdress worn by men
Haj: The pilgrimage, one of the five pillars of Islam. The journey to Makkah is the lifetime ambition of most Muslims. All Muslims are required to make this journey, if they can affo
rd it.
Halawa: The ceremony of removing body hair
Haram: An expression that means “pity” or “sympathy”
Harrods: A large department store in London frequented by many wealthy Arabs
Hijaz: The traditional name for the area of western Arabia. Jeddah, located on the Red Sea, is in the Hijaz area.
Hommous: An Arabic dish made of chick-peas, usually scooped up with a piece of pita bread
Hudud: Crimes of a serious nature which are denounced by God in the Koran
Ibn: Means “son of” (Khalid ibn Faisal, son of Faisal)
Igaal: The black cord worn on top of the Arabian headdress
Ijma: Perceptions of the Koran by the religious scholars of Islam
Jeddah: A beautiful city in Saudi Arabia located on the Red Sea. Jeddah is popular with the expatriate population who swim and dive in the pristine waters.
Jerusalem: The third holiest city of Islam, now under the control of the Israelis
Koran: The Holy Book of the Islamic faith containing the words of God as they were given to Prophet Mohammed
Kurds: A transnational ethnic and linguistic group numbering 18 percent of Iraq’s population. Nationalistic, with aims to form their own country, this group of people continues to fight for Kurdish autonomy.
Kutab: A common group method of teaching girls in Saudi Arabia prior to the days of education for females
Laban: A refreshing buttermilk-like drink common in the Middle East
Madinah: The second holiest city of Islam, called “the city of the Prophet,” and burial place of Prophet Mohammed