The Constitution of Oman provides for the equal treatment of all its citizens, irrespective of sex. As the country has a predominantly Muslim population, Sharia (or Islamic law) is recognised as the source of all legislation. This can affect women’s status in a negative manner. It should also be noted that any protection offered by the law does not apply to the large share of non-citizens residing and working in the country, many of whom are women.
Despite recent increases in women’s level of education and participation in the labour force, their position in Oman society remains inferior to that of men.
The level of protection for Omani women within the family context is quite low. Family matters are governed by a Personal Status Law, which contains several discriminatory provisions. Although less common than in the paSt, the practice of early marriage is still prevalent. A 2004 UN report estimated that 16 per cent of girls between 15 and 19 years of age in Oman were married, divorced or widowed.
Islamic law supports polygamy, allowing Muslim men to take as many as four wives. According to a 2003 census carried out by the Oman Ministry for National Economy, almost 6 per cent of all married men have more than one wife, with 5.5 per cent having two wives and 0.4 per cent having more than two.
In a study on Sharia in Islamic nations, Uhlman shows that women in Oman face discrimination in regard to parental authority. Islamic law views fathers as the natural guardians of children. Mothers are considered the physical custodians, but have no legal status. In the event of divorce, mothers are normally granted custody until children reach a certain age, at which time custody rights are transferred to fathers.
Islamic law provides for detailed and complex calculations of inheritance shares. Women may inherit from their father, mother, husband or children and, under certain conditions, from other family members. However, their share is generally smaller than that to which men are entitled. Daughters, for example, inherit half as much as sons.
Women in Oman have a low level of protection in regard to physical integrity. The Constitution of Oman does not specifically address violence against women; such abuse falls under more general legal provisions. Domestic violence is thought to be common, though incidents are rarely reported. The law does not recognise the concept of spousal rape. So-called honour crimes do occur. In fact, critics argue that the law to some extent justifies these crimes by allowing for lower penalties when a crime is committed in rage and/or in response to the victim’s involvement in an “unlawful” act (such as adultery).
While female genital mutilation (FGM) is not a common practice in the country, a report by Deeb shows that it does occur among some communities, notably in the Dhofar region. At present, there is no specific legislation against FGM, but the Ministry of Health prohibits doctors from performing the procedure in hospitals. This situation might be even more harmful for women as FGM is generally carried out by unskilled persons.
Evidence suggests that Oman is a country of concern in relation to missing women.
Oman’s legal frameworks support financial independence of women to only a moderate degree. In theory, women’s access to land and access to property other than land is not restricted. But patriarchal traditions make female ownership difficult: a report by Cotula shows that women own as little as 0.4 per cent of the land.
Women in Oman are legally entitled to access to bank loans and to enter into various forms of financial contracts but social practices dominate and limit their activity. A study by Deeb reports that government officials are known to deny women housing loans or land grants because they prefer to deal with the applicants’ male relatives instead. Application standards for housing loans also appear to be discriminatory; fewer approvals are granted for women who therefore have a lower share of property ownership.
It is difficult for women in Oman to exercise their civil liberties. Women’s freedom of movement is limited in the sense that they cannot travel outside the country with first acquiring permission from their husbands or other male relatives. Oman has no legal restrictions on women’s freedom of dress, but virtually all Muslim women choose to wear a veil in public, covering at least their hair. Expatriate women in Oman are not subject to any dress restrictions, but are encouraged to respect local customs and wear modest clothing.
Cotula, L. for the FAO (Food and Agriculture Organization) Legal Office (2002), Gender and Law: Women’s Rights in Agriculture, FAO Legislative Study No. 76, 2002, Rome.
Deeb, M-J. (2005), “Oman Country Report”, Women’s Rights in the Middle East and North Africa: Citizenship and Justice, I, Freedom House Inc., Washington DC.
Oman Ministry of National Economy (2003), Vol. I: Census Results at the Sultanate Level, General Census for Population, Housing and Establishments, www.omancensus.net.
Osman, M., H. Rashad and F. Roudi-Fahimi (2005), Marriage in the Arab World, PRB (Population Reference Bureau), Washington DC.
Uhlman, K. (2004), Overview of Shari’a and Prevalent Customs in Islamic Societies: Divorce and Child Custody, Expert Law, www.expertlaw.com.
UNDP (United Nations Development Programme), Oman: Gender and Citizenship, UNDP Programme on Governance in the Arab Region (POGAR), http://gender.pogar.org/countries.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
