RIYADH — Saudi courts last year only handled one dispute involving the so-called first-option marriage where a man has the final say in whether he wants to marry a woman relative and even prevent her from marrying someone else, sources told Al-Hayat daily. This type of marriage is an old tradition and is considered a form of forced marriage that limits women's right to choose their partners, which is against Islamic teachings. The Supreme Council of Ulema issued a ruling in 2005 that such marriages were not legal. In addition, a number of scholars have said those who practice such traditions are committing a sin and could be imprisoned. They added that a prison sentence would not be waived until the man relinquishes his demands and to pledge that he would not inflict any harm to the woman, her family, or the man she marries. Courts believe that public awareness has increased regarding this type of marriage and this is the reason why only one such case was submitted to courts. However, legal consultant Khalid Al-Shahrani said such marriages still take place among many tribes but they often do not reach the courts. He pointed out that he had witnessed such a case where a 39-year-old man exercised his option to marry a 9-year-old child when she was older. Al-Shahrani added that first option marriages restrict women's right to choose their partners. He warned such marriages may result in family and tribal disputes and may force women into unethical and immoral behavior because they are deprived of their marital rights. Shoura Council member and judge Eisa Al-Ghaith said women should not be treated as a “piece of furniture” and they have the right to choose their partners. He said such marriages are an injustice to women, especially as the men involved can simply take any other bride at their own will.
