Endnotes:
[1] A man whom a woman is forbidden to marry due to blood kinship – i.e. a father, grandfather, brother, or son – in which case there is no prohibition against seclusion.
[5] Al-Riyadh (Saudi Arabia), May 26, 2010.
[6] Al-Watan (Saudi Arabia), May 25, 2010.
[8] '
Okaz (Saudi Arabia), June 17, 2010.
[9] Al-Sho'la (Saudi Arabia), June 13, 2010.
[10] Al-Wiam (Saudi Arabia), May 25, 2010. It should be noted that additional clerics opposed Al-'Obikan's fatwa. Among them, Sheikh Muhammad Bin Hassan Al-Dari'i, a member of the teaching faculty at the Imam Muhammad Bin Saud Islamic University. He said that had the fatwa been issued under the previous Saudi mufti, Sheikh 'Abd Al-'Aziz Bin Baz, the mufti would have demanded that Al-'Obikan be imprisoned and his tongue cut out.
Sabq (Saudi Arabia), May 28, 2010.
[11] http://www.alarabiya.net/, June 26, 2010. Saudi cleric Dr. Hamoud 'Ubah called Al-'Okiban's fatwa aberrant and loathsome. He said its author was relying on a specific case whose circumstances could not be applied to other situations. Dr. Muhammad Al-Harfi, a lecturer and columnist, was of the same opinion, and said that clerics needed to limit the age during which breastfeeding was permissible to two years. He added that it was improper for Al-'Obikan to issue such a fatwa, knowing it to be unusual. Al-Harfi also said that the ruling was too general, allowing people to apply it as they see fit, and that this could eventually devalue the
shari'a in people's eyes.
Al-Riyadh (Saudi Arabia), May 25, 2010.
[12] 'Okaz (Saudi Arabia), June 10, 2010.
[13] Al-Riyadh (Saudi Arabia), May 25, 2010.
[14] Al-Watan (Saudi Arabia), May 25, 2010.
[15] Al-Watan (Saudi Arabia), May 31, 2010.
[16] This refers to various types of marriage that are permitted in Islam.
Mut'a ("pleasure") marriage, permitted in Shi'ite Islam, is contracted for a limited period of time, and divorce is not needed to end it.
'Urf ("custom") marriage is an arrangement that does not require an official contract and grants the woman no rights. It is considered legal matrimony as long as they meet the legal criteria for marriage. In a "friend" marriage, the girl remains at her family's home, and she and the man do not maintain a shared household, but meet whenever and wherever they want. This type of marriage is aimed primarily at meeting the needs of young Muslims in the West, who wish to have a girlfriend-boyfriend relationship as is customary in Western society, but with religious legitimacy.
Misyaf marriage is practiced among rich men from the Gulf who go on summer vacation in Yemen and marry local girls for a particular period of time – a fortnight to two months – without the brides being aware of the time limitation.
Misyar is a marriage in which the woman relinquishes some of the rights that Islam grants her, such as the right to a home and to financial support from her husband, and, if he has other wives, the right to an equal share of his time and attention.
[17] Al-Masri Al-Yawm (Egypt), June 11, 2010. Al-Budair has written extensively against the persecution of women in the Muslim world. In one article on the issue, she asked why only men were allowed to practice polygamy. See MEMRI Special Dispatch No. 2773, "Saudi Journalist: Why Is Polygamy Only for Men?" January 27, 2010.
http://www.memri.org/report/en/0/0/0/0/0/0/3934.htm.
______________________________________
Item 3
"The Modern State, by Its Very Essence, Cannot be Anything but Secular"
"The discussion of secularization in Saudi Arabia sometimes looks like a type of madness; many fatwas accuse secularists of unbelief, and ban secularism, claiming that it is a regime that does not act in accordance with
shari'a, or that it is a satanic regime. They do so because the sites holy to Islam are within the borders [of this country], and because the establishment of the [Saudi]
state was based on an alliance between the religious institution and the political institution. But in the present circumstances, and considering the uncertainty of Saudi future, the cultural and political elite in the country may find that this madness [i.e. secularism] has, with time, become a necessity of reality...
"Thee elements have served as catalysts in the discussion on secularism as a necessity in Saudi Arabia: a) [Saudi] Foreign Minister Saud Al-Faisal's March 2010 statement to
The New York Times that Saudi Arabia is 'breaking away from the shackles of the past,' and 'moving in the direction of a liberal society'; b) a media report about a Saudi citizen who was granted political asylum in New Zealand after he converted to Christianity; and c) the ongoing struggle between liberals and Islamists in the Saudi press and media...
"The discourse about the secular option means the following: advancing the political and religious institutions' independence from each other, and differentiating between religious standards and political standards... The modern state, by its very essence, cannot be anything but secular. The talk about completing [the process of] building the state and its institutions, or instituting reforms, means drawing closer to secularism. Drawing away from intentions for reform and for building [the appropriate] institutions means drawing away from secularism... which aims to free the social structure from its bonds but not from its values, and to ensure justice and equality for all citizens."
Saudi Arabia Must be a State with Religious Sites, but Not a Religious State
"In Saudi Arabia, where the political regime is based on the implementation of the Koran and the Sunna, secularism is aimed at actualizing values that are drawn from the Koran and the Sunna, or that [at least] do not contradict them – that is, justice, guarantees of citizen's freedom, and civil and security rights. The basis of the regime's legitimacy is the satisfaction of the citizen and his acceptance of its authority. Accordingly, secularizing [this regime's] foundation will form the basis for a real social compact between the political regime and the citizens.
"Saudi Arabia should be referred to as Al-Harmain
[that is, the land of the two holy places, Mecca and Medina] from a religious perspective [only], not from a political perspective. That is, Saudi Arabia [as a state] is not the Al-Harmain
state, but a [state] in which Al-Harmain
exists
– and within that state, the Al-Harmain is subject to special laws that must not be applied to other areas...
"If the Saudis are charged with spiritual responsibility because Al-Harmain are within its boundaries, then they must emphasize the tolerance of Islam and its culture, [Islam's]
interaction with the zeitgeist; its integration with human rights and women's rights, and its alliance with democracy and civil [values]. Unfortunately, however, we see that the religious institution in Saudi Arabia plays the opposite role – and there are all too many examples of this. This is a negative reflection on the image of Islam in the world, and it holds back progress, modernization, and openness in the country."
"Secularization … will be Implemented when We Give the Concept of the Law Preference Over the Concept of the Fatwa"
"Secularization of the Saudi judicial system will be implemented when we give the concept of the law preference over the concept of the fatwa. If we set aside the limitations and instructions appearing in the Koran, we will find that most of the rules implemented in Saudi Arabia are man-made, or do not appear in the Koran or in the Hadith... Some are cunning and say that this or that [state] law does [in fact] appear in the Koran and Sunna, or that it does not contradict them. They do not understand that law – [which is anchored] in supreme values [that stem from] the principles of truth and justice – will never contradict the Koran and the Sunna. It is inconceivable for a state to be run only by the implementation of Koranic punishments...
"Religious jurisprudence is ultimately a human effort [that can be] either right or misguided, and it is amendable. The structure of the state institutions and the complexity of their function forces them to turn to man-made laws that need to be legislated by experts, and must satisfy the citizen. [This is done] with respect for the laws of Islam concerning personal status... and with consideration for the requirements of reality and its innovations...
"The secularization of Saudi education means giving the citizen the freedom, and the right, to determine what kind of religious education his children will receive, and at what level [of piety]. Thus, the regime is freed from conflicts with minorities, [such as] Ismailis and Shi'ites, and from conflict with the Sunni schools of thought that do not follow the practices of the official Hanbali school..."
The Role of the Elite in Advancing Secularism
"Most unfortunately, the Saudi elite is being swept away by the populist tendency to condemn and renounce secularism. Therefore, this elite is asked to correct its misconceptions regarding secularism, particularly because secularism is not [totally] absent from Saudi public life. It [made inroads] via the pan-Arab movement
and the leftist movement in the 1950s and 1960s, and today it has considerable influence through... the liberal movement.
"One result of the renunciation of secularism is the media-cultural battle currently underway among the [various] streams of thought in Saudi Arabia. Its most recent manifestations are the liberals' and Islamists' reciprocal attacks over the issue of the call for gender mixing; over the issue of [Saudi cleric] Dr. Muhammad Al-'Arifi's declaration of his intention to visit Jerusalem; over the issue of [the call by Saudi] preacher Yousuf Al-Ahmad [to raze the Mecca mosque in order to rebuild it so men and women are separated]... These wars have been dominated on both sides by sordid, hostile language, because of each side's fear that the political establishment will heed the calls of the other side.
"The propaganda in favor of the idea of secularization in Saudi Arabia does not mean a desire to repress the conservative or Islamist movements. It is a solution [aimed at] preventing the conservatives from forcing their views on others. The secular state is a state that serves as arbiter [between two sides], and is not biased towards a particular side. At the same time, it bans any movement from forcing its position on the other. This demands two fundamental things: a) freedom for the individual to choose his belief and to exercise his rights unmolested, and b) equal rights and obligations for all citizens under the law. Neutrality does not mean a policy of appeasement
... It is the state's commitment to assure its citizens the right to live, believe, and express their opinion...
"The negative image of secularism that is widespread in Saudi Arabia is obvious, and stems from the circumstances in which the state was established, and from its clerics' social, cultural, and political standing. This image must be handled with a research approach, not [by way of] preaching. In order to arrive at the desired development, the reform program must be completed, the Islamic religious discourse must be renewed, towards genuine reconciliation with [such concepts as] the state, citizenship, rule of law, freedom, and human and women's rights, and advocacy for the values of common sense and the scientific doctrine..."
[1] For a long time in Saudi Arabia there has been an ongoing jurisprudential dispute over whether a man and a woman can be in close proximity without them being considered "alone together," which is banned by
shari'a. Many fatwas on this matter have been issued; some have been perceived in the country as bizarre or extremist: for example, a fatwa by senior Saudi sheikh 'Abd Al-Rahman Al-Barak permitting the killing of anyone allowing mixing of the genders (islamlight.net, February 22, 2010); a fatwa issued following the allowing of gender mixing at King 'Abdallah University for Science and Technology (KAUST); and Sheikh 'Abd Al-Mohsin Al-'Obikan's fatwa permitting a woman to breastfeed a man who is not a close relative so that they can work together or be in close proximity for other reasons (alarabiya.net, May 21, 2010; see also MEMRI Inquiry and Analysis No. 626, " Controversy in Saudi Arabia over Fatwa Permitting Breastfeeding of Adults," July 28, 2010,
http://www.memri.org/report/en/0/0/0/0/0/0/4484.htm).
[2] Al-Wiam (Saudi Arabia), May 5, 2010.
123