LGBTQ rights in Saudi Arabia | |
---|---|
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Legal status | Illegal:Sharia (Islamic law) is applied |
Penalty |
|
Gender identity | No |
Military | No |
Discrimination protections | No protections |
Family rights | |
Recognition of relationships | No recognition of same-sex relationships |
Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBTQ) people inSaudi Arabia face repression and discrimination.[3] Thegovernment of Saudi Arabia provides no legal protections for LGBT rights. Both male and female same-sex sexual activity is illegal within the country.[4]: 135–136
The law of Saudi Arabia is uncodified; aWahhabist interpretation ofsharia, derived from theQuran and theSunnah, is the basis of the law and justice system.[5]: 205 In particular, the Quranic account of theprophet Lut and certain teachings ofMuhammad in the Sunnah, inform the legal treatment of same-sex sexual activity and nonconforming-gender presentation.Homosexuality andtransgender status or gender non-conformity are widely seen as immoral and indecent, and the law allows penalties for acts of homosexuality ofcapital punishment,[4]: 69–74 [1][6] prison sentences of indeterminate length[a][2] (the maximum term is unknown[7]), fines,flogging, and deportation for foreigners.[8] During investigations and detentions, mistreatment of suspects and detainees, including beatings and torture, have occurred.[5]: 208–209 Community violence against LGBT persons occurs.[9][10]
In May 2023, theSaudi Tourism Authority website updated its FAQ page stating that all visitors, including LGBT visitors, were welcome to visit the country.[11] Though homosexuality remains illegal, enforcement of the laws is not universal.[12] The move follows a series of social and economic changes, including the abandonment of the enforcement of wearing thehijab in public,[13][14] and the opening of the first public beach in Saudi Arabia where women can wear bikinis.[15] The decision to host the2034 FIFA World Cup within Saudi Arabia received strong criticism from the LGBT community.[3][16]
Saudi Arabia has nocriminal code. The primary source of law in Saudi Arabia is theSharia (Islamic law), which is derived from theQuran. Specifically, prohibition of same-sex sexual acts is based on the Quranic story of the prophetLut and traditions of the teachings ofMuhammad contained in theSunnah.[17]Ijma, or scholarly consensus on the meaning of the Quran and the Sunnah, developed after Muhammad's death.Qiyas, or analogical reasoning applied to the principles of the Quran, Sunnah andijma is used:[18] Judges apply their personal interpretation of sharia to any particular case (ijtihad) and are not bound by any previous decisions, sometimes resulting in divergent judgements even in apparently identical cases.[19] In addition, royal decrees and government regulations have been issued. Reformers have often called for codified laws to be instituted, and there appears to be a trend in the country to codify, publish and even translate some Saudi criminal and civil laws.[20] However, the traditional interpretation of Sharia is that it prohibits homosexual acts (aszina or unlawful sexual intercourse) and, specifically,liwat orsodomy, though there is a difference of opinion on the punishment ranging from none at all (Hanafi) to the death penalty.[21][22][23]
In 1928, the Saudi judicial board advised Islamic judges to look for guidance in two books by the Hanbalite juristMarʿī ibn Yūsuf al-Karmī al-Maqdisī (died 1033/1624).Liwat (sodomy) is to be:
...treated likefornication, and must be punished in the same manner. Ifmuḥṣan [commonly translated as "adulterer" but technically meaning someone who has had legal intercourse, but who may or may not currently be married] and free [not a slave], one must be stoned to death, while a free bachelor must be punished with 100 lashes and banished for a year.
Sodomy is proven either by the perpetrator confessing four times or by the testimony of four trustworthy Muslim men, who were eyewitnesses to the act. If there are fewer than four witnesses, or if one is not upstanding, then they are all to be chastised with 80 lashes for slander.[24] These safeguards contained in Sharia for capital crimes are not complied with, according to the ILGA. It considers that Saudi Arabia has[4]: 73–74
... failed to incorporate the procedural protections and safeguards that Sharia law has traditionally associated with the death penalty. ... factors such as the religion, citizenship, and social status of the accused can be a strong determinant of the conviction and severity of punishments, with working-class migrant workers usually being judged and treated more harshly than upper-class Saudi citizens.
— ILGA (2020). "Death Penalty: Saudi Arabia – Enforcement".State-sponsored Homophobia report.
In the 1980s, Saudi King Khaled issued numerous royal decrees designed to secure support among religious fundamentalists in the aftermath of an uprising of religious extremists in 1979, known as theGrand Mosque seizure.
The "Rules of Apprehension, Temporary Custody & Precautionary Detention Regulation" codified the criminal code on homosexuality by listing it among the crimes that warranted arrest and detention. In addition to law enforcement, a second royal decree formally established theCommittee for the Promotion of Virtue and the Prevention of Vice (CPVPV) and gave this committee the power to arrest and detain people who violate the traditional teachings of Islam, including acts of homosexuality and cross-dressing.
Combating homosexuality remains one of the major goals of the CPVPV, along with its campaign against the consumption of alcohol and the practice of magic.[25]
In September 2013, it was announced that allGulf Cooperative Countries had agreed to discuss a proposal to establish some form of, yet unknown, testing in order to ban gay foreigners from entering any of the countries.[26][27] However, it has been suggested that concern regarding the hosting of the2022 FIFA World Cup byQatar, and fears for the inevitable worldwide controversy if it is decided that football fans will have to be screened for homosexuality, made officials backtrack the plans and insist that it was a mere proposal.[28]
According to a transcript published by Saudistate media in March 2022,Crown PrinceMohammed bin Salman, thede facto ruler of Saudi Arabia, stated in an interview withThe Atlantic magazine that the death penalty has been abolished in the country, except for instances of murder or when an individual poses a threat to many people.[29]
In 2019, to coincide with the introduction of tourist visas to the country, the Saudi government decreed a code to regulate the behavior of Saudi citizens and foreigners in public places. Thenew Public Decency Law contains nineteen regulations, violations of which are subject to fines. Proscribed practices include public displays of affection, wearing immodest clothing, using profanity, and displaying immoral advertising. Some behaviors unrelated to sexual or gender expression are also covered; for example, littering, taking photographs and videos of people without permission, and queue jumping. The authority of the religious police to intervene in such matters has been reduced, with the general police force being the "sole authority responsible for monitoring offenses and imposing fines".[30][31]
![]() | This section needs to beupdated. The reason given is: All instances, except one, are before 2014. Of the ~ten cases here, eight occurred before 2010, making most of the 'enforcement' examples given well over 12 years old. Please help update this article to reflect recent events or newly available information.(December 2023) |
In 2000, theSaudi Government reported that it had sentenced nine Saudi men to extensive prison terms with lashing for engaging incross-dressing and homosexual relations.[32]
In 2001, Saudi teacher and playwright Muhammad Al-Suhaimi was charged with promoting homosexuality and after a trial was sentenced to prison. In 2006, he was given a pardon and allowed to resume teaching.[33]
In May 2005, the government arrested 92 men for homosexuality, who were given sentences ranging from fines to prison sentences of several months and lashings. Likewise, on 7 November 2005Riyadh police raided what the Saudi press called a "beauty contest for gay men" atAl-Qatif. What became of the five men arrested for organizing the event is not known.[34]
Persons caught living in the kingdom illegally are often accused of other crimes, involving illegal drugs, pornography, prostitution and homosexuality. Several such police crackdowns were reported in 2004–2005.[35] A similar raid in 2008 nettedFilipino workers arrested on charges of alcohol and gay prostitution.[36] TheArab News newspaper article on the arrests stated, "Gay rights are not recognized in the Middle East countries and the publication of any material promoting them is banned".[36]
International protests from human rights organizations prompted some Saudi officials within the Saudi Arabian embassy in Washington, D.C., to imply that their kingdom will only use the death penalty when someone has been convicted of child molestation, rape, sexual assault, murder or engaging in anything deemed to be a form of political advocacy.[37]
In 2010, PrinceSaud bin Abdulaziz bin Nasir al Saud was found guilty at theOld Bailey in London ofmurdering his servant Bandar Abdulaziz in their suite at theLandmark Hotel inLondon.[38] During the trial, it was alleged that the prince had received a "sexual massage" before the murder, and that he and Abdulaziz had been in a sexual relationship. According to the prosecutor, the Prince sexually and physically abused his servant as well as paid other men for sexual services.[39][40] He was sentenced to life imprisonment. In March 2013, he was allowed to return to Saudi Arabia to serve the remainder of his term in a Saudi prison. According to the agreement between theUnited Kingdom and Saudi Arabia, he must serve at least 20 years before he can be released.[41]
In 2011–2012, the Saudi newspaperOkaz announced that the government had arrested over 260 people for the crime of homosexuality over a one-year period. According to the official report, the men were caught cross-dressing, wearing ladies' makeup and trying to pick up other men.[42]
A gay Saudi diplomat named Ali Ahmad Asseri applied for asylum in theUnited States after he claimed the Saudi government discovered his sexuality and also because of dissent.[43]
In 2014, a 24-year-old Saudi Arabian man was sentenced to three years' detention and 450 lashes after aMedina court found him guilty of "promoting the vice and practice of homosexuality", after he was caught usingTwitter to arrange dates with other men.[44]
On 13 October 2019, Saudi authorities arrested a 23-year-old national, Suhail al-Jameel, for posting a picture of himself wearing short shorts at the beach. He is agay social media personality in Saudi Arabia, who openly documented his sexuality onSnapchat and Twitter. Al-Jameel wrote on Snapchat that he was arrested on the charges of sharing nudity online. Soon after fans started using a #freesuhail hashtag on Twitter.[45] He was released from prison in October 2022.[46]
Saudi Arabia does not recognise, allow, or performsame-sex marriage,domestic partnerships, orcivil unions.
The Saudi government censors the media. Fines, imprisonment and, for foreigners, deportation are imposed on any person possessing, importing, distributing or producing media without governmental approval. Media content, including advertising, cannot be seen as insultingthe royal family or conflicting with Islamic teachings and values.[47] Anything perceived to condone homosexuality or as support for LGBT rights can result in prosecution.[48]
Homosexuality and cross-dressing are dealt with in print news through news coverage of criminal matters, theHIV/AIDS pandemic or allusions to perceived Westerndecadence.[49]
Radio and TV programs are similarly banned from expressing support for LGBT rights, but homosexuality and cross-dressing can be discussed as long as the negative attitudes and biases are reinforced.[citation needed] For example, a call-in TV show may feature a discussion about the immorality or "illness" of homosexuality, or, as in the 2011 case ofMirel Radoi, a Romanian-born footballer playing in Saudi, coverage may focus on a celebrity expressing disapproving views. In the Radoi case, the footballer implied, as an insult, that an opponent he was complaining about was gay. (Radoi was fined and suspended from play for two matches by the Saudi football disciplinary committee for these remarks.)[50]
The government has allowed public movie theaters since 2018, but the films are censored, as are the DVDs purchased in many retail stores. LGBT themes are generally one of the themes edited out of movies. Customs agents keep a list of films or TV shows that are not allowed to be brought into the kingdom.[51] Foreign films that include small acknowledgments of a character's LGBT identity are often banned in the kingdom, even if the content or depiction is not sexually explicit.[52]
Government regulation of the Internet generally falls under the Royal Decrees on Anti-Cyber Crime (2007). Article 6 prohibits creating, distributing or accessing online content or webpages that the government deems to bepornographic or in violation of religious values or public morals or is a threat to public health, safety or order.[53]
The Saudi government has frequently blocked Internet users in the kingdom from accessing web pages or other online content that express support for LGBT rights.[54] The restrictions on the Internet extend to blogs, social media and video upload webpages.[55]
In 2010, a 27-year-old Saudi man was charged withhomosexuality and impersonating a police officer when he posted a comical video of himself online, where he discusses popular culture, shows off his chest hair and flirts with the camera man. He was sentenced to a year in prison, with 1,000 lashes, and ordered to pay a fine of 5,000 rials (US$1,333).[56]
In a crackdown across stores in the Saudi capital, Riyadh, according to the Saudi state-run TV channelal-Ekhbariya, government officials seized rainbow-colored clothing, products, toys, etc. The officials claimed that the June 2022 move was aimed at curbing the direct and indirect promotion of homosexuality in the country. An unnamed official from theMinistry of Commerce claimed that they were looking out for "slogans that violate the rules of Islam and public morals like promoting homosexuality colors, targeting the young generation." The items seized in the crackdown included hair accessories for children, backpacks, pencil cases, and rainbow stripes featured on crayon packs. When asked for comments from the Saudi authorities, none were received.[57] In December 2022, authorities in neighboringQatar carried out a similar purge.[58]
According toHuman Rights Watch, Saudi Arabia has no laws against transgender people. Arrests and prosecutions of individuals wearing clothing not considered appropriate to their sex (cross-dressing), men wearing makeup, or "feminine" accessories, occur. Penalties include prison sentences and floggings.[59][60][5]: 207
Over the past 36 years, more than 2,000 individuals in Saudi Arabia have undergonesex reassignment surgeries (also known as "sex-correction surgeries" in Saudi Arabia) due togender dysphoria. However, theMinistry of Health does not permit sex change operations, by which a person with a clear gender identity and matching physical features seeks to change sex.[61]
In 2017, twotransgender Pakistanis were allegedly "packed in sacks, thrashed with sticks and tortured to death" by Saudi police.[62] A statement from theSaudi Interior Ministry, however, said the reports were "totally wrong and nobody was tortured".[63][64]
People with a transsexual or transgender identity cards are not allowed to make thepilgrimage to Mecca.[65] However, in February 2018 it was reported that a group of transgender individuals fromPakistan were allowed to be sent to Saudi Arabia forHajj.[66][60]
In March 2023, a 23-year old Saudi transgender woman, namedEden Knight, died bysuicide after beingforced to detransition by her family in Saudi Arabia.[67][68]
There are nobodily protections for intersex individuals in Saudi Arabia. Many intersex infants born with ambiguous genitalia suffer frominfanticide. The killing of intersex infants is primarily motivated by fears of the socialshame of having an intersex child.[69][70][71]Intersex genital surgery on newborns for cosmetic purposes is fully legal and encouraged.[72]
Unmarried women and families are generally kept separate from single men as much as possible, and dating is generally seen as beingtaboo and immoral. Opposite sex couples may be harassed if they demonstrate affection in public; however it is not uncommon to seeheterosexual men seemingly expressing affection toward each other in public (e.g., kissing on the cheeks or holding hands.) The practice of men holding hands or kissing on the cheeks in public, is a social custom in parts of the Middle East and Asia; it is a symbol of friendship and not homosexuality.[73][self-published source] Also given the limited sexual contact with women pre-marriage, and the dangers in having an unmarried woman get pregnant, there is a degree of unspoken situationalbisexuality that may exist among young men and women.[74][75]
Bars and nightclubs are illegal, although there are some reports of underground dance clubs in the major cities.[75] Private gatherings are generally permitted but they are traditionally segregated bygender. In contrast, private gatherings where non-relative individuals of opposite sexes intermingle are considered taboo and might be raided by the police or the Committee for the Promotion of Virtue and the Prevention of Vice (CPVPV). While the CPVPV views combating homosexuality as one of its major objectives, the targets of its interventions against improper socialising are more likely to be the mixed-sex, than the single-sex gathering.[25]
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Despite its illegality, homosexual activity occurs; at least in larger urban centres like Riyadh, for example, there may be a level of networking among those engaging in or looking for same-sex sexual activity.[74] A story by Nadya Labi in the May 2007 ofThe Atlantic, titled "The Kingdom in the Closet" attests to "vibrant communities of men who enjoy sex with other men" in Riyadh where Arab homosexuals "meet in schools, in cafés, in the streets, and on the Internet".[75] A Syrian interviewed in the article attested that Riyadh was a "gay haven". Another person interviewed was a 21-year-old lesbian named Yasmin living in Riyadh. She stated that in Riyadh "It's easier to be a lesbian [than a heterosexual]. There's an overwhelming number of people who turn to lesbianism", adding that the number of men in the kingdom who turn to gay sex is even greater: "They're not really homosexual ... They're like cell mates in prison", suggesting a view that some homosexual contact is primarily situational. Other commentary in theAtlantic article and quotations from interviewees include:[75]
For Talal, Riyadh became an escape. When he was 17 and living in Damascus, his father walked in on him having sex with a male friend. He hit Talal and grounded him for two months, letting him out of the house only after he swore he was no longer attracted to men. Talal's pale face flushed crimson as he recalled his shame at disappointing his family. Eager to escape the weight of their expectations, he took a job in Riyadh. When he announced that he would be moving, his father responded, 'You know all Saudis like boys, and you are white. Take care.' Talal was pleased to find a measure of truth in his father's warning—his fair skin made him a hit among the locals.
The gay men I interviewed in Jeddah and Riyadh laughed when I asked them if they worried about being executed. Although they do fear the mutawwa'in to some degree, they believe the House of Saud isn't interested in a widespread hunt of homosexuals. For one thing, such an effort might expose members of the royal family to awkward scrutiny. 'If they wanted to arrest all the gay people in Saudi Arabia,' Misfir, my chat-room guide, told me—repeating what he says was a police officer's comment—'they'd have to put a fence around the whole country.'
— Nadya Labi (2007),The Atlantic
Saudi Arabia has laws against discrimination on the basis of gender[76] but notsexual orientation. Harassment or violence against LGBT people is not addressed in any bias-motivated orhate crime law. Advocacy for LGBT rights is illegal within the kingdom.The required exit and entry visa paperwork does not ask people about their sexual orientation, as it does theirnationality,sex, religion andmarital status. In 2011,Mirel Radoi, a Romanian football player who plays for the Saudi Alhilal Club, was fined 20,000 Saudi Riyals and suspended for two matches after calling a Saudi Arabian football player,Hussein Abdul Ghani, who plays for Nasr Club, gay. The public comment, intended as an insult, was highly controversial and generated quite a bit of coverage in the Saudi press, including the refusal of Hussein Abdul Ghani to shake hands with Mirel Radoi after a later game.[77]
The climate of discrimination and fear among the LGBT community in Saudi Arabia means that only Saudis who have sought asylum abroad, such asAbdulrahman Alkhiary (also known as Wajeeh Lion), are able to publicly identify as gay. Alkhairy states that he is the first openly gay Saudi man.[78]
Public education in Saudi Arabia is required to teach basic Islamic values based on the interpretation of the Quran, which includes a strong condemnation of homosexuality. In addition, Islam condemns cross-dressing. TheMinistry of Education approved textbooks that reflect the country's Islamic and cultural view against homosexual acts by stating that "homosexuality is one of the most disgusting sins and greatest crimes", and that the proper punishment for the intentional act of homosexual intercourse in public is capital punishment.[79] However, in 2020 the Ministry of Education was found to have removed the condemnation of homosexuality as something punishable by death from textbooks.[80]
In 2012, the Saudi government asked the CPVPV to assist in the expulsion of students who were judged, by their mannerisms and taste in fashion, to be gay or lesbian.[81]
Private schools exist in Saudi Arabia, mainly to serve the needs of expatriates with children, and they are generally allowed more discretion in setting up their own school curriculum and policies. Unless a majority of the expatriate families are Muslim, the private school is likely to only teach the basic beliefs of Islam, through lessons about the culture, language and history of Saudi Arabia. Textbook content or policies regarding homosexuality or cross-dressing tends to be influenced by the prevailing attitudes of the expatriates and their country of origin.[citation needed]
Appearing to support or endorse homosexuality or LGBT rights can result in prosecution.[48] This applies to individuals as well as clubs or associations operating the kingdom.
In MDLBeast Soundstorm, an annual multi-day music festival in Riyadh, observers have reported that it included the public display of LGBTQI+ culture.[82][83]
The clandestine Green Party of Saudi Arabia, formed in 2001, expressed support for LGBT rights as part of its larger human rights platform. It is unclear if the party still exists, as reports are that its members were subjected to a government crackdown. A Facebook group for the party seems to still exist, as of 2024.
Officially,men who have sex with men account for a low number ofHIV cases in the Kingdom of Saudi Arabia and little in the way of preventative educational materials exist formen who have sex with men, although a 2024 report from the Saudi AIDS National Program does make some mention ofmen who have sex with men[2].
Legally, Saudi citizens who are living with HIV/AIDS are classified as being disabled and thus are entitled to free medical care, which may include accessPrEP protection of their privacy (as to how they became infected), housing, and employment.
The government has produced or allowedNGOs to produce, educational material on how the disease has spread since the 1980s. Abdullah al-Hokail, a Saudi doctor who specializes in the pandemic, has been allowed to air public service announcements on television about the disease and how it is spread.[84] Yet, ignorance, fear and prejudice are often directed at people living with the disease. While the government has designated several hospitals to treat those people infected with AIDS or HIV, other hospitals often refuse to care for such people or fail to treat them in a compassionate and humane manner.[85] Hospitals and schools are often reluctant to distribute government information about the disease because of strong taboos and the stigma attached to how the virus can be spread.[86] For example,condoms are legal, but until recently, they were rarely available anywhere other than certain hospitals or medical supply stores.
In the late 1990s, the Saudi government began to step up a public education campaign about AIDS-HIV slowly. It started to recognizeWorld AIDS Day, and the Arabic and English daily newspapers were permitted to run articles and opinions expressing the need for more education about the disease and more compassion for those infected.
In 2003, the government announced that it knew of 6,787 cases, and in 2004 the official number rose to 7,808. The government statistics claim that most of the registered cases are foreign males who contracted the disease through "forbidden" sexual relations.[87]
In June 2006, the Ministry of Health publicly admitted that more than 10,000 Saudi citizens were either infected with HIV or had AIDS.[88] In December 2006, theArab News ran an editorial that called for greater public awareness of how the virus is spread and more compassion for those people infected.[89] In the same year, a Saudi citizen named Rami al-Harithi revealed that he had become infected with HIV while having surgery and has become an official proponent of education and showing compassion to those people infected.[88] Saudi Princess Alia bint Abdullah has been involved in the Saudi AIDS Society, which was permitted in December 2006 to hold a public charity art auction followed by a discussion on how the disease was impacting the kingdom; the event included participation by two Saudis living with HIV. It was organized with the help of the director-general of the AIDS Program at the Saudi Ministry of Health, Dr. Sana Filimban.[90]
In January 2007, a Saudi economics professor atKing Abdul Aziz University was permitted to conduct of survey of a handful of Saudi University students on their level of education about the pandemic.[91] While much of the work on AIDS-HIV education has been supported by members of the Saudi royal family or medical doctors, there is an attempt to gain permission to create some independent AIDS societies, one of which is called Al-Husna Society, that would work on helping people infected with the disease find employment, education families and work to fight the prejudice that faces people infected.[92] In 2007, a government-funded[93] organization, theNational Society for Human Rights, published a document suggesting ways to improve the treatment of people living with the disease. The proposed"Bill of Rights" document was criticized byHuman Rights Watch for allegedly undermining human rights and global efforts to fight the pandemic.[94]
According to a Gulf Cooperation Council report on HIV/AIDS, "Stigma and discrimination towards people living with HIV, weak surveillance system, travel restrictions and mandatory HIV testing along with gender inequalities were identified as critical issues that are hindering an effective AIDS response in the region."[3]
Foreigners who are applying for a work visa are required to demonstrate that they are not infected with the virus before they can enter the country, and are required to get a test upon arrival at a government accredited lab. To be issued their first work permit, they are also required to perform the test again before the renewal of a residency or work permit. Any foreigner that is discovered to be infected will be deported to the country of origin as soon as they are deemed fit to travel.[95]
Same-sex sexual activity | ![]() |
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Anti-discrimination laws in employment | ![]() |
Anti-discrimination laws in the provision of goods and services | ![]() |
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | ![]() |
Same-sex marriage | ![]() |
Recognition of same-sex couples | ![]() |
Joint adoption by same-sex couples | ![]() |
Stepchild adoption by same-sex couples | ![]() |
LGBT allowed to serve openly in the military | ![]() |
Right to change legal gender | ![]() |
Free gender expression | ![]() |
Access toIVF for lesbians | ![]() |
Conversion therapy banned | ![]() |
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MSMs allowed to donate blood | ![]() |
An STA spokesperson said in a statement: 'Everyone is welcome to visit Saudi, provided that they follow and respect our culture, traditions and laws, as you would when you visit any other country in the world.'Like other governments, we do not ask visitors personal questions and we respect the right to privacy.
The laws of the Kingdom of Saudi Arabia, which are derived from Islamic Sharia, take the principle of complementary equality between men and women, which takes into account the characteristics of each sex and how each differs from the other, and ultimately achieves justice.
Adoption in Saudi Arabia is not legal. In Islamic tradition, a surviving family member may be granted guardianship, but parentage cannot change.
Adoption in Saudi Arabia is illegal and strictly forbidden.