In order to remain globally and economically competitive, countries in the Gulf Cooperative Council (GCC) are pursuing diversification agendas in the form of ‘visions’ that strive to move away from a reliance on fossil fuels and international labour. This has, in turn, shifted the status of women in the economy and society which is reflected in increasing numbers of women in the labour market and decision making positions. In some states, shifts are more closely related to reforms to personal status laws that offer women more protections in areas such as marriage and divorce, custody and other legal rights. These changes have contributed to improvements in the status of women, yet cultural norms remain deeply embedded in social, economic, political and legal practices, and continue to restrict women’s choices, limiting their true empowerment.
Social expectations regarding public behaviour, marriage, and career choices exert pressure on women to conform. As a result, women fear that new laws – and their interpretation and enforcement by a predominantly male judiciary – will not be enough to adequately protect them from the social and legal repercussions of defying traditional norms.
Personal status laws and family life
While they are all grounded in Sharia, state-level personal status laws in the region vary, with some introduced much earlier than others, and some having undergone recent changes: Kuwait established family and personal laws in 1984 and Oman’s personal status and family law is incorporated into the Basic Law of the State issued in 1996. Qatar has an extensive legal framework that includes Family Law No. 22 of 2006, and Bahrain established family law in 2017. While these states have not changed their laws recently, the appointment of younger judges, increase in women in legal professions as well as economic shifts within the region and additional women-led government bodies have been introduced and are changing the way the laws are implemented.
In Saudi Arabia, major changes have unfolded with the codification of a personal status law for the first time in 2022, and UAE family law, which varies between the different Emirates, was most recently amended in 2023.
Despite the existence of these legal frameworks, a parallel system of social norms and personal, tribal and familial relationships can override codified rights. The predominantly male judiciary does not always uphold personal status law without the consent of male family members – and we have been told that this is particularly true when they belong to the same family or tribal network. Examples of these variations emerge when women who seek to challenge norms, such as choosing a job not deemed socially acceptable or marrying outside their tribal network, may find that judicial rulings favour traditional expectations rather than legal rights. In Sunni courts men can divorce without a woman’s prior knowledge or consent, and in Shia courts judges often stipulate rules for divorce, such as paying back bride wealth, which women cannot always afford.
The subjective and inconsistent application of the law means women cannot freely make decisions related to marriage and property, which can lead them to second guess choices of education and employment that would be overly demanding on their time and ability to achieve a socially acceptable work life balance. Without judicial reform and oversight, the codification of personal status law alone is not sufficient to grant women true agency.
Economic participation
Labour laws in GCC countries generally give men and women equal standing in regard to industry and salary. Female labour force participation among Gulf nationals surpasses the regional MENA average of 19 per cent. In Kuwait, women’s participation is at 54 per cent, exceeding the global average of 47 per cent. Participation rates in Bahrain (47 per cent), Qatar (43 per cent), Saudi Arabia (35 per cent) and Oman (31 per cent) are equal to or not far behind the global average.
However, women’s participation in both economic and social life remains in constant tension with their role within the family. Women are expected to fulfil a state-sanctioned model of femininity that situates them as mothers and caregivers, yet their political and economic participation is essential for their countries to be globally competitive.
These pressures create contradictions with women’s economic, social and cultural roles in society that are difficult for them and their families to navigate. This underscores the need for legal recourse and judicial reforms that would enable women to resolve the contradictions when they cannot do so amicably – particularly in matters related to family law – without fear of violence retribution.
The official overarching narrative across the region emphasizes how family laws, underpinned by Sharia, contribute to family cohesion and values. However, in legal disputes, cultural practices often take precedence over codified law in both courtroom rulings and in the enforcement of decisions. Personal status laws dictate key aspects of marriage, divorce, custody and inheritance; yet their interpretation and implementation often favour men, reinforcing their place in the hierarchy above women and limiting women’s agency. The pressure to uphold family unity over safety is normalized by society. For instance, the Bahrain Women’s Union often facilitates free legal counsel to women who seek divorce but are left in limbo; repeatedly denied divorce by the judges due to pressure from their husbands in what the union considers revenge from the husbands. Similarly in Kuwait, lawyers often work with domestic abuse survivors to protect them when judges order them to return to their homes for mediation, despite the risks this might pose. Including women in the monitoring of court decision through varying mechanisms such as review panels and appeals committees could ensure that safety and wellbeing of women and their children is prioritized over maintaining family unity that is often not in the best interest of all parties involved, especially women.
In some Gulf states, the law guarantees women equal pay yet gender pay gaps are pronounced. Globally, women earn around 80 per cent of men’s earnings, but in GCC countries this gap is wider. A 2019 report by the Saudi Human Rights Commission found that women earn 56 per cent of male earnings and also face exclusion from higher-paying jobs. Much of the pay gap in Saudi Arabia can be attributed to the jobs that men and women occupy. To a large degree, cultural expectations and norms influence career choices, with women choosing certain roles in administration or education to minimize the risk of a dispute at home over work-life balance, childcare and domestic duties. Laws that encourage female labour force participation have increased this significantly, but the gaps in implementation mean that barriers still exist. A study by McKinsey highlighted that the female to-male ratio in the professional and technical jobs is lowest in the UAE (0.22), KSA (0.31), Oman (0.35) and Kuwait had a ratios on par with best-in-class countries at (0.93).
Furthermore, many women leave the workforce after marriage or childbirth, limiting their job progression and salary prospects. A study by PWC showed that in the Middle East North Africa region, less than half of women that took a career break (primarily for caretaking duties) returned to work after the break. Women often fail to negotiate starting salaries and may refuse promotions in order to fulfil their primary role as mothers at home. Instead of challenging expectations, women often conform to societal expectations out of fear that choosing otherwise could lead to family disputes or a legal challenge that would not be upheld.
International collaboration: a double-edged sword
Throughout the GCC, women have been active in pushing for legal and social protection for other women. They utilize several pathways to do this including the non-profit and charity space and collaborate with experts in the legal and government sectors to highlight gaps in implementation and the opportunities to achieve better outcomes. An example of this was during Saudi Arabia’s G20 Presidency in 2020 when the Al-Nahda Society, a non-profit organization focused on empowering Saudi women, led the Women 20 (W20) engagement group, advocating for gender equality and women’s economic empowerment. Furthermore, the international community continues to encourage countries to improve the status of women in the GCC, insisting that human rights advancements are a prerequisite to social and economic development. For instance, in March 2024, The UN Secretary General addressed GCC countries at a side event to the Commission on the Status of Women titled “Closing the Gap: Women’s Empowerment in the GCC Region”. He noted that “There can be no peace without equality, without respect for human rights, respect for women’s rights, and respect for international humanitarian law.” The response to such calls is positive, while emphasizing cultural differences. For instance, in 2024 the Saudi Human Rights Commission, President Hala Al-Tuwaijri, noted that over 50 reforms have been achieved in the Kingdom in the field of women’s rights, which is in line with its deep-rooted values and culture at the 89th session of the United Nations Committee on the Elimination of Discrimination Against Women. Another example is from an interview with Dr. Badria bint Ibrahim bin Khalfan Al-Shehi, Deputy Chairman of the State Council of Oman who noted that Oman, as the first GCC country to grant women political rights, is significant amongst GCC countries and has made significant progress in advancing women’s rights. Al-Shehi suggests that the ongoing barriers preventing women from entering fields like the judiciary and governorate leadership are due to deep-rooted social sensitivities around issues related to women and gender. Despite these acknowledgements, gaps in implementation remain, especially because women’s empowerment is associated with the fear of becoming too Western, of losing national identity and family values, and of increased relationships before marriage and infidelity.
This has resulted in reforms that do not go far enough to lead to tangible change towards women’s agency over citizenship, custody, residence and property ownership. Women’s ability to make choices independent of the men in their lives related to work, property and children empowers them financially and thus leads to greater economic participation and engagement. While there are many gaps in implementing these practices globally, the lack of bilateral and multilateral collaboration due to political tensions will likely allow the Collaboration at the international organization level is pertinent, a first step could be for the countries to fully accept the convention on the Elimination of Discrimination against Women (CEDAW) without reservations[1].
Despite the huge opportunity for collaboration and cooperation with global partners, both bilaterally and multilaterally on issues that can contribute significantly to women’s progress and agency, much work remains to be done. While small changes to laws shift social norms to a degree, the most vulnerable find that empowerment is beyond their reach.
Ways forward
Women’s empowerment in the Gulf is often viewed through an economic lens. As such, it has advanced women’s participation in society on many levels. However, the key to real progress requires legal empowerment. Women are expected to participate in the workforce while adhering to a traditional model of caregiver, responsible for instilling cultural norms and traditions, which, as we have seen, often disadvantage them and limit their agency.
Reforms to personal status laws in countries like Saudi Arabia and the UAE are welcomed by women, but the persistence of restrictive cultural norms limits the practical benefits of these reforms. To drive meaningful change, women must be empowered to make choices that stem from an aspiration to contribute rather than a fear of contributing. Legal frameworks must be strengthened and implemented consistently. Without closing the gap between legal codification and enforcement, women from all backgrounds across the Gulf will remain limited in their ability to drive economic and social development forwards, and true empowerment will remain out of reach.
[1] In May 2022 the Chairperson of the Legislative and Legal Affairs Committee at the Shura Council, Dalal Jassim Al-Zayed, noted that GCC countries are committed to the CEDAW in a way that does not violate Islamic Sharia. However, it is argued that many of the reservations do not contradict Sharia law, especially those related to citizenship.
