The Law and FGM/C: Saudi Arabia

Estimating the prevalence of FGM/C in Saudi Arabia is difficult due to limited up to date data, and the inclusion in some studies of participants from other countries, without indicating whether they underwent FGM/C in their originating country or in Saudi Arabia. There is wide variance in estimated prevalence between studies, ranging from 18.2% in a study of patients attending obstetrics and gynaecology clinics in the main hospital in Jeddah, to 80.3% among households in a governorate in the west of the country. News articles have referred to ‘1 in 5 women in Saudi subject to FGM.’

There is no specific law relating to criminalisation of those who perform FGM/C. Saudi Arabia does not have a codified penal code, although a draft is underway that is expected to be published in the next 1 – 2 years. As a result, the police and judges are left with wide discretion to prosecute and punish criminal offences. Under Islamic law, however, crimes pertaining to bodily harm are punishable by ‘qisas’ (retaliatory retribution) or ‘diyat’ (financial compensation).