Ruth
Pollard of the Sydney Morning Herald reports that four female lawyers are set
to become the first women in Saudi Arabia to practice law in the country’s
court, which marks another milestone for women’s rights in the notoriously
conservative nation. Until now, female law graduates were only permitted to
work as “legal consultants” – they could not represent clients in the court and
were not considered lawyers. A social media campaign entitled “I am a female
lawyer” was launched last year to bring light to the discriminatory system, as
Saudi Arabian women protested that it was unfair that they could not practice
law in their home country despite spending years studying law locally and
abroad.
This
article brings to attention a social issue that many regard as either
diminishing in importance or already resolved. Gender inequality is a matter
one does not normally have to confront in a democratic society such as
Australia. Saudi Arabia however, remains an Islamic state headed by a monarchy,
where the country and its government are governed by a King. With a system
grounded upon long-established Islamic values, its citizens are therefore
presented with different social challenges. This article in particular
highlights the subjugation of women in Saudi Arabia. An examination of scholarly
literature alternatively attempts to explain the ways of thinking that underpin
and support the ideas of gender inequality.
Through
her investigation of the ways in which the “social concepts of order, disorder,
civic society and the citizen have been constructed historically as gender
dualisms”, feminist political theorist Carol Pateman offers an understanding of
the systems of associated male power over women (Arnot & Dillabough, 1999).
From her analysis, societies generally accept the fact that men “exemplified the potential of humans to create a social
order that is based on ‘rationality’ and ‘truth’. “ As such, male ‘rational’
thought and “male versions of political autonomy” are thus legitimized as the
only foundations of a functioning social system. Women on the other side, were
characterized with notions of ‘disorder’, and were portrayed as
“psychologically unbalanced and therefore unable to articulate a political
consciousness”. Women became symbols of emotion, natural feeling and caring for
those related to them (Arnot & Dillabough, 1999). In relation to the right to receive a
license to practice law, it would seem that the Saudi Arabian Ministry of
Justice have likewise struggled to challenge perceptions of women as incapable
of the “objectivity” and “principled behaviour” required in court.
In
conclusion, cultural traditions such as Islamic values are not invariably the
cause of women’s inequality. The ideas brought forward by Pateman demand us to
challenge “the core of our understanding of citizenship and the civic sphere” (Arnot
& Dillabough, 1999). Has society subconsciously legitimized the dominance
of masculinity in our social and legal systems?
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