We regret to inform you

Dear Mr. Justin Bieber,

We have received and carefully examined your application to become our gentleman. We were impressed by the amount of effort you put into it, and particularly how you demonstrated that you paid close attention to the about section of our blog, as inferred by your supporting statement that you would take us “places you ain’t never been before”. Indeed, you must be quite the traveler.

Unfortunately, we are going to have to decline your application at this time, and not (just) because we’re wary of (too) public displays of affection. Although we were quite impressed with the tenacity demonstrated by your lyrics, a resume and sample of your writing would have been sufficient, if not preferred. Also, we disliked the too frequent usage of the imperative tense (our least favorite verb tense) in your application. Whereas the lyrics to “Baby” were endearing in their naïveté and earnestness, “Boyfriend” comes off as too self-assured and therefore off-putting.

Thank you for applying, and we wish you all the best in your future pursuits of gentlemanly activities,

A. and D.

Sure he’s cute, but will the government think so? (twirling hair)

I recently wrote a post about marriage restrictions in Saudi Arabia. This is a complicated field: laws and regulations are updated seemingly on whims and fancies and unconfirmed rumors are just as likely to be true than false.

Having said that, I had quite a bit of fun researching for that post, and the local Arab News has written an interesting article that briefly touches on the issue of exogamy in the Saudi Arabian context, giving me a new opportunity to write about it. Ignore the title of the article. Let’s examine the last few paragraphs.

With regards to new registered (and approved) marriages, the total number of foreign women married to Saudi men last year was 2373. The total number of foreign men married to Saudi women was 2122. That’s a difference of only 251, or 6%. Given the difficulties and complications involved in obtaining permission to marry a foreign fellow, that’s quite an impressive number. Also, in an effort to prove my sensitive feminine side (cough), I’d like to throw in the word “romantic” here, to be used in whatever context the reader would like (it’s on the house).

One point to take away from the article is that, with regards to foreign grooms, only four countries of origin are listed, all of which are Arab, three of which share borders with Saudi Arabia. Granted, geographic proximity, cultural familiarity and historical ties probably factor in (note that the highest number of foreign spouses for either sex are from Yemen); however, it leaves us to wonder what nationalities/citizenships the remainder 768 (or 36% of foreign) grooms bear. A second, and more interesting to this writer, point is that the 2122 marriages of Saudi women to foreign men, at some point, will most likely result in children, who will not bear their mother’s citizenship (see here for more on the laws that govern citizenship acquisition in Saudi Arabia). This is the part that gives immigration studies enthusiasts a boner – how will the law evolve to reflect the growing population of “half-Saudi on my mum’s side” young citizens?

Re-evaluation of Saudi Arabian family law in general should be a priority issue, as this blog only makes too clear (it’s written in an alarmist tone, but it does summarize some of the problems succinctly). On a positive note, a few concessions and changes have recently been made: these changes though have resulted in some interestingly complex situations – see here for an example of a case where two sons were granted citizenship whereas their female sibling was denied.

Here’s to hoping the small concessions pave the way for more equitable legislation with regards to citizenship acquisition. Article 27 of the King Fahd issued Basic Law of Governance states that “the State shall guarantee the rights of the citizens and their families in cases of emergency, illness, disability and old age” [emphasis added] – this is great with regards to social welfare, but the fact that children of female citizens are denied these privileges and rights based on their inability to acquire Saudi citizenship fuels the concept of a two-class citizenship system, one where females are the lower class. It also demonstrates one of the (many) ways such a two-class citizenship system can be problematic.

The solution is simple: rather than the convoluted laws currently in existence, unified legislation with regards to citizenship acquisition of children born to couples where only one partner is Saudi, whether the Saudi party is male or female, should be implemented.

A third point worth examining is, is the number of marriages to non-Saudi men by Saudi women a reflection of increased mobility, both educational and geographic? A change in definitions of what constitutes “social normality” that is becoming more accepting of women marrying the literal legal definition of “other”? Is this number a reflection of change across the Kingdom, or is it limited to certain regions – the Arab News article, in addition to omitting the nationalities of the 768 grooms mentioned earlier, does not break down the “marriage to foreigners” figures by regions. Just a guess, but I’d wager it’s higher in cities near the borders – Tabuk, Dammam, and Jeddah. Another question to ask: are there any significant variances between educational levels of women (and their spouses) that are in marriages where the male partner is a non-Saudi? Would any variation be relevant to a study on the socio-legal significance of such marriages?

I will try to obtain more data in hope that I may answer some of these questions (the editors at Arab News, for some reason, aren’t responding to my emails). Also, would be nice to find some socio-legal research on exogamous marriages in Saudi Arabia and how the law shapes/is shaped by it.

To end this, I’d like to apologize for the fact that the last few posts have all fallen within the same theme: I’ve somehow hijacked this blog into a roaming series of articles on Saudi Arabia. My intent in co-authoring this blog was to provide an outlet for writing outside of work/academics, on topics I (and D.) find interesting (some people doodle, I imagine certain scenarios under which Sherlock Holmes can legally immigrate to Canada), and why we hope others might as well. I’m finding it too easy though to write about Saudi Arabia lately (thanks for the fodder, folks!), but I do have a few half written posts on the recently released Assassins Creed III trailer (seems another of my favorite characters is relocated to the USA) and on this awesome Turkish movie that I hope to upload soon.

Warning: there’s approximately 1 minute of nudity in the linked film. People were too busy to get naked for more than 60 seconds in Turkey during the 80s; probably because of all the ninjas roaming around hitting (you read that correctly) people with their inferior quality swords/katanas.

A.

Thank you, FIFA and the IFAB

Recently, the IFAB overturned their ban on women playing soccer while wearing headscarves. Pending a few more tests, the ban will officially be repealed this summer.

The decision extends beyond the issue of how what women wear affects/effects the choices they are sometimes forced to make. From a global perspective it demonstrates that, despite all the failings that multiculturalism is claimed to have (and here we really have to thank Ms. Merkel and Mr. Sarkozy for pushing that point), we continue to move forward with the normalization of multi-faceted identities. There is no conflict, there is no “having to choose” between one identity and another: the IFAB has demonstrated that you can be a woman, you can express your religion, and you can play soccer. There is no need for panic regarding the “sharization of FIFA”: the amendment of Law 4 simply means that, if a female athlete chooses to wear a headscarf and play soccer, she can. The issue was about increasing access to “the global game”, not imposing values.

Unfortunately, some of the harshest criticism against women participating in sports while expressing their religious identity comes from within the communities many of these women who play come from. From a Middle Eastern perspective where, in several countries, female participation in sport is discouraged, limited, or outright banned, the IFAB’s decision means one more barrier to participation has been removed. Athletes are among the most visible representations of their nations: by removing the ban, I hope it will demonstrate to women that you can be an athlete without giving up your religious identity, despite what prevailing sentiments might lead them to believe. I hope this leads to greater participation and encouragement for participation in sport, particularly in countries within geographic proximity to Qatar, hosts of the 2022 World Cup. Ultimately, increasing the visibility of female athletes increases the visibility of women in and from these nations: images of female athletes forces those that would disagree to acknowledge that women are present, ubiquitous, and most importantly are citizens and equals.

A picture can be worth a thousand words; I’m hoping the attached will compensate for my limiting this essay to eight hundred. This picture, many that have appeared before, and I hope several more that will appear in the next few months, will ultimately normalize rather than sensationalize the issue of women from certain communities, regions and countries participating publicly in sports. It was taken at a charity event in Saudi Arabia, organized by young high school students, to raise funds (and awareness) for local victims of breast cancer. When I contacted one of these girls to ask if I could attend to take pictures, to document women playing soccer in Saudi Arabia in light of the repeal, they were graciously obliging. You’ll notice some of them are wearing headscarves: some of them wear it on a regular basis; others wore it just for this picture, to show solidarity and to thank FIFA and the IFAB for allowing fellow soccer players around the world the opportunity to play a sport they all share love for.

The girls in this picture are between 13 and 17, and represent many nationalities including American, Egyptian, Pakistani, Lebanese, Tanzanian, Saudi Arabian and New Zealander. Since this particular event took place in Saudi Arabia, I asked them if they wouldn’t mind taking a picture, as a group, with the Saudi flag. A flag unites a nation, a nation is made of citizens, and citizens often bust out their flags in moments of national pride. Having lived in Saudi Arabia, it has become part of their identity and they were happy to do so. However, I anticipate criticism of publishing such a picture (beyond the usual “Girls! Playing sports! Blasphemy!”) to include the fact that these girls do not represent what it currently means to be Saudi Arabian. The word “immigrant” continues to be taboo, as demonstrated by this recent article – although the law itself has much to commend it, you’ll notice the word choice is “expat” instead of refugee or even economic immigrant. I would hate to place such bright young women in a potentially controversial position, and of course having to explain to them why a picture of women, in soccer kits, with a Saudi flag is “unacceptable” to many.

Despite this, I look forward to printing that picture, framing it, and placing it on my desk. It represents to me the pride and joy of young girls participating in the ongoing creation of identities, and demonstrating national and civic pride. To end, I would like to thank the organizers and their school, and FIFA, the IFAB and Prince Ali (for his tireless campaigning). Great job ladies, keep playing. And happy birthday, Danya B.!

A.

Mr. Pierre Trudeu once said “there is no place for the state in the bedrooms of the nation”. In Saudi Arabia, the state has a place, and not in the fun kinky way you might be thinking of

Saudi Law Post #1

Male (inevitably) Saudi Arabian citizens who are in the diplomatic field, foreign service, military, government, or other “sensitive fields”, who wish to marry non-Saudi women will have to abdicate their position first. Why yes, that was an attempt at a King Edward VIII/Wallis Simpson joke.

What’s Going On, Eh?

A Saudi man who works in one of the industries listed above may not marry a female non-Saudi Arabian citizen without the explicit written permission of the Ministry of the Interior, if he would like to keep his job after the honeymoon. Even if the lady in question is the offspring of a female Saudi Arabian citizen and non-Saudi Arabian male, she’s still viewed as a potential honey trap who will sleep with you, just to steal all those totally very serious important state secrets you have stashed under your bed.

It is possible that this law was put forward by someone who’s watched too many Russian spy caper films and fancies himself a bit of an Arabian Bond.

Notes:

1)      This law only applies to men, because only Saudi Arabian males are allowed to work in the military or diplomatic field. There have been small concessions made in the political field (and I use the term “political” very, very loosely), but not enough to warrant having a law preventing women in this field from potentially marrying a foreign spy.

2)      Having said that, it’s also because Saudi Arabian women are restricted from marrying non-Saudi men in general. For a Saudi Arabian woman to marry a non-Saudi (man), she must apply for permission and meet certain (lengthy) criteria. Technically, this rule applies to Saudi Arabian men (regardless of where they work) but for them, it’s considered a mere formality. Of course, if you’re willing to avoid this, there are “ways”, but I always advocate going through the legal route because it establishes precedent for others who may one day face the same problem.

3)      I feel that this law comes from a grossly exaggerated sense of what Saudi Arabian state secrets are worth. Unless by state secrets, they’re worried about someone leaking the secret recipe behind Al-Baik Chicken’s batter, the Saudi Arabian equivalent of KFC’s secret 11 spices. Personally not a fan, but it is part of the local cuisine.

Conclusion:

Military pilots: if that babe from Thailand (a country with strained diplomatic relations with Saudi Arabia) is “totally” checking you out, you might want to check to make sure she’s not just eyeing your Al-Baik shrimp wrap.

Writing about Saudi Arabian Law

I find writing about Saudi Arabian law challenging. Here are the main reasons why:

1)      Impartiality

As much as anyone would like to say they are impartial and objective, the fact remains that our personal experiences heavily affect how we view or witness certain issues. To avoid this, a sociology professor back in 2008 made our (very multicultural) class list as many of our identity markers as possible before presenting, to ensure that everyone would be aware of what potential biases we bring to our presentations. This was a fallacious assumption, in my opinion, that raises many concerns; the most important being that many of our identity markers aren’t self imposed but imposed on us by other’s perceptions. And by choosing to self-identify, isn’t it perpetuating the idea that “identity baggage” prevents you from presenting a disinterested argument?

2)      Political Correctness

Laws aren’t (usually) written to be politically correct; they’re a formalized attempt to maintain order among a populace. But, some laws are so far beyond politically correct they borderline on concepts that end in –ism’s: for example, I’m particularly interested in the law that is unapologetically misogynistic (to say the least) in its denial of Saudi Arabian women the right to pass their citizenship on to their children. A little political correctness, to say nothing of even a passing regard for equality of rights, in the legislation of this rule would’ve been much appreciated I’m sure.

3)      Apologetics

I’ve witnessed this mainly in writings concerning laws derived from religious canonical texts. Although they are presented as divine in origin, the persons utilizing such laws in practice subject them to their interpretations which are based on opinions formed by their own experiences (including academic). When relevant, I avoid apologetics in favor of presenting alternative views, though I’m wiling to accept that the need to present “alternative interpretations” may be construed as a form of apologetics in itself.

Having outlined my main concerns, and perhaps demonstrating the framework I will attempt writing within, I have now (finally) reached the point of this post. I will be researching Saudi Arabian law for the next (insert indefinite period of time here) and will occasionally write posts about laws of interest.

My main concerns are limited resources (particularly online and in English), and the inherent biases I may present in highlighting laws that are concerning and problematic, without including the greater social context of Saudi Arabian society and how I place myself within it/as an outsider (Point #1). Although a rule might not work for me, I have to assume there was some rationale that, when placed within the context of the society it governs, justifies the law (Point #2). However, I will not apologize for writing with a sense of humor – I do not find inserting humor into a serious topic politically incorrect in itself (within reason), nor do I think it trivializes what may be a serious issue. Personally, I think if we can find a way to laugh about problematic laws, we can find a creative way to solve the issue, in a way that is acceptable to all parties affected – legislators and citizens.

I’m also concerned about trivializing the progress of locally engaged activists, legal or otherwise. Any change that is significant and sustainable has to come from within the Kingdom, by its citizens, and there has been much commendable progress. Therefore, tying into my effort at maintaining political correctness, I will focus on laws/rules/legislation that are problematic and verbalized as such by Saudi Arabian citizens themselves, and not just obscure laws that I personally dislike.

With that, I hope to have provided a clear introduction to the next series of posts on Saudi Arabian law. And I promise I won’t include the above preamble every time.

Here’s post #1

A.

Endnote: I would like to sincerely thank LH, for taking the time out of her incredibly busy schedule to look over, edit and provide her feedback on this post. Best of luck with your Ph.D. defense!

Flies with top hats (we’re working on it)

There’s a difficult balance between wanting to celebrate an achievement publicly, and yet maintaining a certain level of humility, and of course, not wanting to seem like you’re bragging. But your Gentleman’s Gentleman (of the non-butler type) doesn’t face this dilemma, and indeed it is Gentlemanly for your Gentleman to take the initiative of announcing the cause for celebration.

Congratulations D. on your new grant! Those drosophila flies are going to get some sweet sweet lovin’.

(cue smooth jazz music)

A.

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