The Ministry of Justice intends to grant women more legal rights, especially with regard to marriage contracts, according to Saudi Gazette.
The move follows the directive of the higher authorities to empower women and enhance their independence while choosing their life partners with explicitly pronouncing whether they are satisfied with their prospective life partners.
Dr. Qais Bin Muhammad Mubarak, former member of the Council of Senior Scholars, emphasized that the wife’s attendance while framing the marriage contract is her right if she wants to do so and that she has the authority to appoint a guardian specifically for that purpose.
“However, the guardian does not have the right to force her to be physically there. She has full freedom either to be present or not.”
He explained that marriage is a union between two parties based on consent. Its basic structure is the desire of the spouses to have a permanent relationship between them, and hence the contract is primarily between husband and wife.
He revealed that wife’s consent is a condition for the validity of marriage, and majority of jurists ruled the imperativeness of the guardian’s presence, saying that this will help protect her rights on the part of her husband.