Tuesday, March 27, 2012

Women's Rights in Oman

Published March 27, 2011 - Muscat Daily. Click here to view the article.

Following my column two weeks ago on International Women’s Day, today I'm tackling something closer to heart… women's rights.

Oman has been a pioneer in the Gulf when it comes to women's rights. His Majesty the Sultan has worked hard to guarantee equal rights and opportunities for women. Forty years ago there were no schools for girls in Oman. Today, there are more women than men enrolled in institutions of higher education. Our participation in the labour force is also increasing on a daily basis.

However, like most countries we have our issues when it comes to women. Although the Basic Law of Oman prohibits discrimination on the basis of gender, women still face legal discrimination under the personal status law of Oman.

It's a sore subject because Oman's interpretation of the Islamic Sharia law is what controls the personal status law in all matters related to marriage, divorce, inheritance and child custody. I have great respect for the Sharia law, but I think people should have a choice.

It bothers me that it’s legally possible in Oman for any male member of my family to marry me off without my consent. No woman I know in Dhofar has ever signed any marriage papers.

The men of the family ‘arrange’ it all. It’s also irritating to know that a husband can grab two strangers off the street and make them sign a divorce document in court as witnesses. The court doesn't even bother to make sure the woman gets a copy of the divorce paper.

It’s legally possible in Oman for a man to divorce his wife with two witnesses, then go home and pretend nothing happened. Who's going to tell her? There are definitely gaps in the system, and according to my sources some practices tend to vary by province.

The reason this issue isn’t discussed publicly is because very few men abuse their privileges when it comes to marriage and divorce, but that does not in any way justify these discriminatory practices.

As far as I'm concerned, every human has the right to be in control of their own life. Obtaining a woman’s signature on her marriage and divorce papers should be mandatory.

Another issue that drives me up the wall is that a man can legally take on an additional wife without informing his first wife. I know for a fact that many men abuse this right. The personal status law of Oman is very vague about polygamy.

It only specifies that a man should treat all his wives equally. It also bothers me that inheritance laws of Oman discriminate against women. Again, I think people should have a choice.

Several international human rights' reports state that women in Oman are legally restricted from travelling abroad without the permission of a male relative. From my experience, I know this is not true.

However, according to my humble knowledge, a male relative can stop a woman from leaving the country if he wishes. I have searched high and low but cannot find a legal document confirming this. If you know anything about this, please share.

Yet another sore subject is marriage to foreigners. It is nearly impossible for an Omani woman to marry a foreigner. There are seven billion people on this planet, but my country tells me I'm only allowed to marry one of the several hundred thousand men who hold an Omani passport.

In the rare case where approval is granted, the woman faces an even bigger battle involving child custody and the ability to sponsor her own kids in Oman. The ironic part is that if you have a child from an 'unknown father', then that child automatically gets citizenship. What is wrong with this picture?

It is worth noting that Oman is one of the very few remaining UN members that has not fully ratified the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

Oman presented a report to CEDAW in October 2011 but stipulated reservations on several issues including women’s right to move freely, granting nationality to children with Omani mothers, and other CEDAW provisions that are not in accordance with Sharia laws.

There are a few other issues that I would like to highlight, but I’m running out of space. Stay tuned for another feminist outburst!

30 comments:

  1. I agree it should be made the law that no polygynous marriage can take place without the current wife or wives being informed of it BEFORE the nikah is signed, if in the very least the day the nikah is signed, as making the marriage known IS a requirement under shariah law, and that a woman should sign her own marriage and divorce documents. BTW, a woman is NOT married Islamically if she does not agree to marriage arranged by her relatives and the Oman courts will anull the marriage for her if she contacts them.

    *It is only out of culture that a male can stop a legally aged woman from leaving the country without consent but children are a whole other matter.

    *Omani women CAN marry foreigners much easier than Omani men can marry foreign women under Omani law [lol, I personally know] but culture is a whole other matter. Families can be hypocritcal about what is okay for their sons but a no go for girls.

    *I personally like Oman's inheritance laws myself. I DON'T like how little they afford women who are divorced as care for their children from the father's though.

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  2. Does that mean that this legal situation also applies to the wife of a foreign couple (say from the USA)when in Oman (for any period)?
    Or is a different legal situation applied to those foreign couples which gives foreign women more extensive rights in Oman than the female nationals of the country.

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  3. ynotoman: depending on their country of origin, yes. Omani law doesn't cover foriegn marriages and divorces, unless, perhaps one is Muslim, and since foriegners are limited to what property they can own in Oman, inheritence laws are usually simpler.

    But you could always be a Saudi woman living in Oman;)

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  4. Omani princess u saying omani girls can marry foreigners much easier is a load of crap. lol. A.Y.

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  5. I agree to Omani Princess comment that Omani Law grants easier rights for Omani women to marry forigners compared to men. It is much harder for the man (according to the law - not according to the culture) to marry foriegn woman. Check the law statements on this matter.

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  6. Didn't think of your comments as being feminist, rather just common sense.....

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  7. Omani women can only marry with the consent of a 'guardian' (usually father or brother) as far as I understand so how is this easier? She also faces difficulties if she wants the children to be Omani. In contrast with previous posters, it would seem to me that Omani women have no rights in this matter. And then there is the matter of the custody of children when the parents divorce and the mother is not Omani....

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  8. Anon: Oh really? Ask for the stats of how many Omani women applied for permission and were turned down and then the men that applied for permission and were turned down. Do the math and then you can go crap yourself;) you'd be surprised.

    Reality Check: You can go to the Islamic Ministry as an Omani woman and bypass the family 'guaradian' matter and ask, say, the Grand Mufti, OR COURT, to act as your 'guardian' before the court to permit the marriage. That isn't an ISSUE at all. If it is, it is because of the culture of the family and the woman doesn't want to go around that---her fault NOT the government's. Omani men ALSO have to do this for their wife if she doesn't have a Muslim male relative so it isn't a case of men is easier than women in the guardian issue. As long as the man is deemed a good Muslim man ect, the Islamic Ministry helps Omani women out with this:)by being a 'guardian' in lieu of a father ect. Two Omani women I know personally did this.

    The Interior Ministry itself allows Omani women permission faster and in more applied for cases than they do men. It's a fact. Less women apply though. Because of culture. Or not realizing they can go around their relatives that might be against the match.

    I agree with the difficulties regarding her children's citizenship though:). If an Omani woman married and has children BEFORE PERMISSION is granted but recieves it later her children may never be granted Omani citizenship. While a man who does the same is pretty much guaranteed his children's nationality in the Sultanate. After the permission is granted though? ALL THE OMANI women I know married to Europeans who applied for and got permission their children ALL have Omani passports. Sooooooooooo. What's really the case? Back up what you say with facts. I can.

    I don't want Omani women's lives to be any harder. I am just saying, in regards to marriage, it isn't Omani law that restrains them in this. It is their families. Or their reliance on their families.

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  9. I am wondering, knowing ALOT of women who have co-wives, does Omani law actually enforce ANYTHING but a woman's right to divorce (and give up her muhakher) if she claims her husband treats another wife better ect??? Because if there WAS some bacbone to that principle it would be a thing I'd support as someone who has a bestfriend who is in a polygynous situation [albeit happy and fair and all]. And as another OPNO already posted, the supporting the informing before taking on another wife is a MUST. And being able to sign one's own marriage papers. Being married without knowing about it at first happened to a friend of mine. Lucky she fell in love with her husband later but I mean, give a girl a say. That isn't Islamic at all.

    -Another OPNO [editor: I am posting her comment---she hates her IP address;)].

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  10. Ask for statistics, get permission from the mufti? u need to be a princess for that. Susan's term "nearly impossible" regarding marrage to forigners is spot on.

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  11. Last anon, not at all, the COURT of Oman will do it for ANY woman who asks. I know alot of non-Omani men married to Omani women. They themselves said it is easier for an Omani woman to apply than a Omani man. You just go to the Islamic Ministry (who does so in the NAME of the Mufti) or the COURT and ANYONE there in the position of wali can BE a wali in place of the family. NOT A PROBLEM. I guess ignorance about this facet of Omani law IS though from the perception that it is any great difficulty for the women (the wali part).

    The problems for Omani women come after marriage. Not the permission for the marriage itself. If their husband does not get an Omani passport and take on a tribe name his children do not get Omani passports***. I do know many who have children with Omani passports where the father is non-Omani but the father pursued an Omani passport and took on a tribe name as I have also done as a non Omani married to an Omani. If you don't do this the children do not get Omani passport which IS unjust. Women can inherit land but their children no matter who the father can't get a passport? THAT is inequality because Omani men's children automatically get even without changing the tribe name or the wife HAVING a passport.

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    1. Hi there,

      I have found your posts very intereting. I was wondering how did the children of the non omani husband manage to obtain Omani passports?
      It was easy for myself to obtain the permission from the ministry of Interior to marry an Omani citizen wife. Although I have Omani roots but hold a british passport with my omani tribal name, do you think it is possible for me to apply for an Omani passport?
      Waiting for your reply.
      Many Thanks.

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    2. Dear Omani Princess,

      Are you saying an Omani girl can go to court and ask the Mufti or Judge to act as her Wali if her father is disagreeing to her marriage to an non-Omani??? Will the Mufti accept this since he's an non-Omani? Then what about the permission for marrying a foreigner? The Mufti or Judge will by-pass the permission from Ministry Of Interior or will the girl be required to obtain the permission before going to court? Just curious to know.

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    3. Dear Omani Princess,

      Are you saying an Omani girl can go to court and ask the Mufti or Judge to act as her Wali if her father is disagreeing to her marriage to an non-Omani??? Will the Mufti accept this since he's an non-Omani? Then what about the permission for marrying a foreigner? The Mufti or Judge will by-pass the permission from Ministry Of Interior or will the girl be required to obtain the permission before going to court? Just curious to know.

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  12. You and I just see it differently. Where you say the problems for Omani women start after marriage, I say it just begins with marriage. A foreigner wishing to marry an Omani, male or female is in for a rude awakening. Its a great disservice to an make it seem easy to get married under these coditions here

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  13. I just don't see any point in the discussion above. Why should any state be allowed to grant or limit someone's freedom to marry whomever he or she wants to live with. The state has to completely stay out of this kind of decision. As for the nationality of children ... every child is a genetic product of both its parents and as such has the right to claim dual nationality if the parents come from different backgrounds. It does not matter at all whether the father or mother of a child is Omani ... the child will always be half Omani.

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  14. Getting Omani passport is really tough! Even if the person has been here for a long time and has done a lot of economic contribution to the country and is still a very valuable person to the society.

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  15. women of this country should be careful when expressing her opinion in such critical and sensitive issues.
    Each culture has its own customs traditions
    Way of life . I noticed in the last 5 years some women very few numbers of them keep crossing the boundaries
    seeking fame hoping achieving their self esteem by breaking society holly walls
    stop playing in this field

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  16. Hi i have a friend who was married to omani but was divorced 6 times, she has suffered for about 28 years, she wants to knowledge this suffering. Regards

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  17. AnonymousJune 10, 2012 5:36 PM
    what you mean we should be careful?? your threatening us now?!!
    of course you and your likes dont want the rules to be changed its good for u the way it is. And seeking fame? seriously stop being such a troll. She is just saying the truth and for a change not sweeping it under the carpet, I personally know a case were an omani women married a foreigner after being divorced by an omani man, her husband's country of origin is not muslim and they wanted to raise their son in oman, being it a muslim country, safe and have generally good rules, I say GENERALLY, they are still struggling to get citizenship for her son even though he was born in Oman and lived all of his life here, he is treated as a foreigner!!

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  18. Omani princess i have a question, can asian boy marry an omani girl?

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  19. Maryam of Qatar

    Hi Susan! I am happy to come across with your blog even it is a year older.

    I really hope that you will have an update regarding the above matter. Your blogs are very interesting especially focusing on Women's rights.

    I would love to hear an update regarding the ruling of your Ministry on the issue of Omanis marrying another nationality. Are they still "un-breakable"?

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  20. Very good devision it can change eomen,s life they can get freedum
    L,iun

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  21. Hi, I just read through these comments. Now I wonder, what about a case where a foreign man (Muslim from a non Muslim country) marries an omani woman in Oman? Are difficulties to be expected as well?

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  22. I am from England and been reading with interest as my sister lives and works in Oman . I feel sooooo sorry for all of you as however you look at it , you have to do as your told by bullying men . Not over here thank god .

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  23. I am a University student in the UK. I came across an Omani girl whom I really like. It saddens me that by law it is still difficult to marry Omani girls while other Gulf countries have permitted it (i.e. Saudi Arabia, UAE, etc.). Will a good financial, religious and educational background convince her father and the government to permit marriage??

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  24. i am non arab muslim doing engineering job in ksa .i love omani girl and we want to marry soon . we need information regarding her nationalty if she will marry me what are the difficulties she ll face regarding her nationality??? we need information please help us

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  25. Asalam o Alaikum.I just want to be straight forwad here regarding marriage issues here.After going through all the comments above, I need further clariffications that can Non-Omani guy but Muslim can marry Omani girl if he is not bothered about taking care of her family i.e younger brother,younger sister till they finish studies and get job and mother only as her father is not alive.If he is able to take care of them too with her wife.What are the specific rules applied for that in Oman and what if he promises for no divorce and gives free choice choosing of tradition to his/her children ???.. Please help.

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  26. i am not muslim and at the same time i am not also an omani,,but i have a 2 years old daughter whose father is an omani...the father of my kid is already married now,,,just now he married an omani girl,,, and now my question is??????? do i have the right to ask financial assistance from her father?even if he marries already with another woman? i just bear my child when i was working there in oman before....i am doubful because i do not know how will i give her food,shelter and the best education? my concern is for my daughter
    PLEASE DO HELP ME?!!! WHAT SHOULD I DO?
    she carried my name....not her father surname.

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    1. Go to the Omani embassy in your country. I know of many cases (examples, in the Philippines) where the Omani father was forced to pay monthly assistance (approximately 50/- rials last I heard) to the mother and child.

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