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Having spent two years in Russia, I could not combat nostalgia any
longer
and decided to set off for Damascus last fall. However, my dream did not
materialize due to a legal complication, namely restrictions on freedom of
movement -- on entering the country I might not be able to leave without
the
permission of my "custodian".
One of the basic human rights: everyone's freedom to leave "any
country including [his] own" as stated in Art. 13 (2) of the Universal Declaration
of Human Rights 1948, cannot be enjoyed by a Syrian woman, or as in this
case, by a woman married to a Syrian citizen, because Syrian custom and law
prohibits women traveling without male companions.
Furthermore, a woman cannot leave the country without her custodian's
permission. A "custodian" is defined as a male relative, who is legally "in
charge" of the woman. In case of an unmarried girl, her father is her
custodian. If the father dies, any surviving male relative may be appointed
a custodian. Only when the girl marries, is she "emancipated" from her family, becoming a "ward" of her husband.
This phenomenon exists in the Arab world either as custom or statutory
law, depending on the degree of conservatism prevalent in the country.
Although Syria is by no means a theocratic state, the custom holds sway,
and applies to all residents of the country regardless of their religion.
Needless to say, the custom impacts girls and young women wanting to study
abroad.
Advocates of this custom claim that its main purpose is to protect
women
since "a woman is a frail creature who can be easily deceived or taken
advantage of and unable to defend herself". This statement was undoubtedly
fair in a certain historical context. However, in today's world, it lacks
credibility to suggest that an educated adult woman would not be able to
properly manage her own affairs.
Regarding education, the custodian has a right to decide what education his ward is allowed to receive.
Although the elementary and fundamental stages are mandatory, upon completion of these stages (that is, after the
6th grade) a girl may be removed from school. In less extreme cases, university education may be denied or, if a girl applies to a foreign
university, she may not be able to travel if her custodian refuses toconsent to the trip.
The government controls higher education, and entry to local universities
is subject to arbitrary regulation. Accordingly, for many young people foreign education is the only chance to train for their chosen
profession. While students of both genders, as noted above, face bureaucratic
difficulties, for a female student the prospect of her custodian's banning
travel may close the last "path" to her desired education.
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Even in cases where the education is successfully completed, the
prospects for future employment - especially for a married woman - also depend on the custodian's permission. In traditional Arab society the
only socially accepted position for a married woman was that of a housewife.
Although in Syria the
number of married women employed in various trades is large and growing steadily, this trend is more reflective of the
worsening economic situation (since the earnings of one person are no longer enough
to sustain a family) rather than any significant change in the traditional
mores.
A good marriage is still regarded as the best possible future for a girl, with marital age varying from 14 (being an extreme case) to 25. An
average girl gets married at the age of 20-22, often while completing her last
years in university or immediately after graduation. With each subsequent year
her chances to find a "proper partner" weaken, thus forcing the girl to put
more efforts into the search of a prospective husband than in pursuing her
career. Upon marriage the girl's professional ambitions may be put to
halt by her husband if he thinks it appropriate.
In fact, in traditional society financial independence is basically denied to a woman. The family's property is divided between male and
female heirs as 2/3 to 1/3 respectively, regardless of the total number of
heirs. It is obvious that the balance is tipped in favour of the males. A
permanent "ward" status does not allow a woman to manage her estate of funds
personally. Whether she is married or not, her property is managed by her
custodian.
Accordingly, in case of marriage, the girl's title to her
family's property is forfeited to other heirs. Under the law, a married woman acquires a title in her husband's property. Fair as the
provision may seem, it does not secure the well-being of a woman whose husband suddenly
dies bankrupt, forcing her to be at the mercy of either her own relatives
or the relatives of her late husband.
Although petitions from adult "wards" in respect of property are frequently heard by civil courts, in a country where the government is
reluctant to interfere with "family matters", the chances that the case will
be decided in favour of a woman are slight.
However, we should not come to a hasty conclusion that Syrian women are entirely deprived of basic human rights - in this respect Syria is far
ahead of many countries in the region. However, the Syrian legal system in its
present form definitely does not provide sufficient protection to women and,
as long as obsolete customs remain incorporated in the body of law, it is
highly unlikely to expect that any constructive steps will be taken towards
enforcement of women's rights.
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