The case of a woman who was physically abused by her brother and imprisoned at home by her father has highlighted a gap in the law. As The National reported yesterday, Fatima, 28, has suffered this fate in the two years since she unsuccessfully sought court approval to marry the man she loved.
The issue is complicated and has both cultural and legal aspects. It’s important to understand that this kind of situation is widely perceived within Emirati society as a family issue. A father has the right to protect his daughters from anything he believes is harmful to them or to the family. In this case, the family has taken to restricting her movement. They see this as a means of protecting her; she sees it as a deprivation of liberty.
There is a thin line between protection and abuse. Because of the generation gap – especially in the UAE, where attitudes have changed quickly – fathers and daughters naturally have different perspectives on many things in life. As the head of the household, the father would expect his view to prevail. At the same time, it is the duty of lawmakers and the legal system to protect vulnerable people. As Dr Rima Sabban, a social researcher and sociology professor at Zayed University, told The National, every society needs to be aware of what goes on behind closed doors.
The UAE still does not have a comprehensive law on domestic abuse, and the current personal affairs law tends to favour men. Ali Jassim, a veteran FNC member from Umm Al Quwain and long-time campaigner against domestic abuse, gives this example: the law allows a husband to hold his wife at home as long as he sponsors her financially and allows her to visit her family. However, the law does not specify what should be done if the husband prevents his wife from communicating with the outside world, thus preventing her from reporting abuse.
There is a point where the welfare of the individual, and society as a whole, takes precedence. It is a very sensitive issue, but it is one where FNC members, as representatives of the broader community, can advise the Government on legislation that balances everybody’s interests. From its very inception, the UAE has empowered women by encouraging them to participate in the workforce and to have a voice in commerce and Government. Women have made an inestimably positive contribution to this country, and their rights must be protected.
