FORCED DIVORCE: A NEW PHENOMENON IN SAUDI ARABIA

C O N F I D E N T I A L SECTION 01 OF 02 RIYADH 000580 SIPDIS SIPDIS DEPT PLEASE PASS TO NEA/ARP FOR SWALKER/BSHUKAN AND DRL FOR RCASTEEL E.O. 12958: DECL: 03/13/2027 TAGS: PHUM PGOV KISL KWMN KPAO SA SUBJECT: FORCED DIVORCE: A NEW PHENOMENON IN SAUDI ARABIA -- OR NOT? REF: A. RIYADH 6730 ¶B. 06 RIYADH 0483 ¶C. 06 RIYADH 7193 Classified By: Deputy Chief of Mission Michael Gfoeller for reasons 1.4 (b) and (d). ¶1. (C) SUMMARY: The Saudi press reported on March 11 that the Ministry of Justice has formed a committee to investigate the growing number of "forced" divorces in the Kingdom. Saudi poet and activist Nimah Nawwab is one of several women who have raised the visibility of this issue in the press through a letter writing campaign and the circulation of an international petition. Nawwab told PolOff on March 17 that forced divorce -- ostensibly based on unequal tribal lineage -- is a new phenomenon in the Kingdom and often initiated by greedy male relatives who want to control family assets. Nawwab claimed that "tribal law trumps Islamic law" in these cases, but Professor of Political Science at King Saud University Dr. Abdulkarim Al Dekhayel thinks that the Islamists are exploiting tribal traditions to achieve a more conservative state. Other Saudi interlocutors state that forced divorce is not a new phenomenon, but that its appearance in the media is. Nawwab admitted that the press' aggressive coverage of these cases is surprising, pointing out that other traditionally "sensitive" issues are also being openly discussed. Despite this progress, she said, there have been setbacks for women and the "time is not yet right" for significant reform regarding women's rights. She suggested that Saudi society is not ready to take on the real issue -- guardianship. The SAG is employing what is becoming a consistent pattern to address the problem, using the press as a means to leverage public outrage into a logical solution that is consistent with the government's domestic agenda. END SUMMARY. ¶2. (C) The Saudi press reported on March 11 that the Ministry of Justice has formed a committee to investigate the growing number of "forced" divorces in the Kingdom. The committee, which is expected to include a number of experts in Islamic Law, is charged with determining how Shari'a law applies to marriages between individuals with "tribal incompatibility," i.e., unequal tribal lineage. There have been 22 new cases of forced divorce since the press first reported last year 
that Mansour Al Timani and his wife Fatima were divorced in absentia against their will at the request of her male family members (ref A). As a result of the escalating number of cases, there has been increased media coverage of this issue -- in part due to the efforts of women such as Saudi poet and activist Nimah Nawwab, who has mounted a letter-writing campaign to raise the visibility of these cases. Nawwab, along with the Muslim Women Writers Alliance, is also spearheading the circulation of an international petition, "Say No to Forced Divorce -- Yes to Reform," that she hopes will result in the King's intervention. ¶3. (C) Nawwab told PolOff on March 17 that the "Fatima case" is the first known incident of forced divorce in the Kingdom and that this is a new phenomenon. However, other Saudi interlocutors have indicated that only the public discussion of forced divorce is new. Several tribal contacts have noted that, in fact, cases such as Fatima's are the "norm," not the exception. (NOTE: Fatima and Mansour were married for over three years when her half-brothers, who had gained custody rights over her after her father died (in the event of separation from her husband),sought a divorce for her based on Mansour's "inferior" tribal lineage. Despite the fact that her father and a local Islamic court had approved the union, the divorce was granted -- even though the couple repeatedly stated they did not want the divorce. END NOTE.) ¶4. (C) In discussions about the forced divorce "phenomenon," a number of Saudis have pointed out that a key element of the debate on "tribal inequity" in a marriage is whether the men in these cases told the truth about their lineage. They claim that the dishonor brought to a family by a man lying about his tribal roots outweighs other considerations. Personally, involved with several of these cases, Nawwab emphasized that forced divorce is really only a symptom of a broader problem -- the concept of guardianship -- or "mahram." (NOTE: Women in Saudi Arabia are required to have a legal male guardian. END NOTE.) Nawwab insisted that as long as Saudi women require guardians, unscrupulous male relatives will find ways to exploit them. She claimed that these forced divorces are most often based on the greed of male relatives who do not want to lose control of family assets. As yet another manifestation of this problem, she RIYADH 00000580 002 OF 002 pointed to those cases where women are forced to work and then turn their salaries over to male guardians. Women have more employment opportunities than in the past, she stated, but there are also more cases of women who are forced to work. Other sources tell us that there are also cases of male guardians registering women at universities in order to receive the monthly government stipend to which students are entitled. ¶5. (C) Turning back to the issue of forced divorce, Nawwab echoed what Secretary General of Qassim Regional Council Hamad Al Zaidan told PolOff on March 6 -- that people do not want the courts to resolve these "family" issues. Nawwab went so far as to say that tribal affiliation is not a consideration for marriage under Islamic law, and that the courts do not have jurisdiction over such cases. She stated bluntly that with this phenomenon of forced divorce is "tribal law trumping Islamic law." Professor of Political Science at King Saud University Dr. Abdulkarim Al Dekhayel had a different take on the problem, telling PolOff on March 11 that the Islamists are exploiting tribal traditions to achieve their own aim, which is to effect a more conservative Islamic state. ¶6. (C) Nawwab admitted that the press' aggressive coverage of these cases, while welcomed, is surprising. She pointed out that other traditionally "sensitive" issues are also now being openly addressed in the Saudi press, such as the case of the woman in Qatif who, after being raped, was sentenced to 90 lashes for being alone with her ex-boyfriend, who was also raped (ref B). She acknowledged that articles and editorials such as these would not have been published in the past and suggested that it is only because the SAG is allowing the press to publicly address these issues that they are making their way into the press. She echoed the statements Al Dekhhayel made to PolOff that the conservative religious establishment is "flexing" because it is concerned about reforms that are making Saudi society more liberal. Reforms relating to women are moving forward step-by-step, Nawwab said, pointing to the establishment of the Ministry of Justice committee as an example of measured progress. (COMMENT: The Ministry of Justice is one of the more conservative Saudi ministries. END COMMENT.) ¶7. (C) Despite this progress, claimed Nawwab, there have been setbacks for women, adding that she does not think the "time is right" for significant reform regarding women's rights. She noted that there were only approximately 1,000 signatures on the international petition "Say No to Forced Divorce -- Yes to Reform," which began circulating in mid-February. Most of the signatories were women from outside the Kingdom. (NOTE: A petition circulated in September 2006 protesting a proposal to eliminate the prayer area for women within the "Kabaa" in Mecca's Grand Mosque garnered over 2,000 signatures in just days (ref C). END NOTE.) She suggested that Saudi society, including women, is simply not ready yet to take on the real issue -- guardianship. ¶8. (C) COMMENT: The issue of forced divorce based on tribal incompatibility is a confusing juxtaposition of the three primary drivers in Saudi society -- the government, the religious establishment, and tribal affiliations. If, as many claim, greedy relatives are simply exploiting tribal biases as a means to an end, this "phenomenon," although clearly worrisome, is little more than crafty manipulation and Shari'a is the "other" victim. If, however, the Islamists are manipulating tribal traditions to effect a more conservative state, it amounts to an indirect assault on the SAG's efforts at reform. What is clear is that the SAG is employing what is becoming a consistent pattern to address the problem. It is using the press as a means to leverage public outrage regarding forced divorce into a logical solution that is not only easily justifiable, but also consistent with the government's domestic reform agenda. END COMMENT. OBERWETTER