A Comparative and Analytical Study of Women’s Rights Legislation in Saudi Arabia and Malaysia in the Light of Islamic Teachings

Abstract

Women’s rights and their legal empowerment remain central to contemporary socio-legal discourse across the Muslim world. This study presents a qualitative, comparative, and critical analysis of the legislative frameworks governing women’s rights in the Kingdom of Saudi Arabia (KSA) and Malaysia, evaluated through the lens of Islamic jurisprudence (Fiqh) and the Higher Objectives of Islamic Law (Maqasid al-Shariah). The paper examines how both nations navigate the balance between traditional Islamic legal principles and contemporary legislative demands regarding women's civil, political, economic, and family rights. Saudi Arabia, historically governed by uncodified Hanbali jurisprudence and a rigid guardianship (Wilayah) framework, has undergone transformative structural reforms under Vision 2030, culminating in the landmark Personal Status Law (2022), anti-harassment regulations, and the expansion of women's labor force participation. Conversely, Malaysia operates a dual legal system where Federal Civil Acts (e.g., Domestic Violence Act 1994, Anti-Sexual Harassment Act 2022) coexist alongside state-level Syariah enactments (e.g., Islamic Family Law Act 1984), offering a codified, institutionalized, yet complex jurisdictional landscape. The analytical findings reveal that both legal models successfully demonstrate the adaptability of Islamic law to modern governance, aligning substantially with the core Maqasid of protecting life, dignity, lineage, and property. However, challenges persist: jurisdictional friction between civil and Syariah courts in Malaysia, and procedural implementation gaps in Saudi Arabia. The study concludes with policy recommendations advocating for Maqasidi Ijtihad (objective-oriented legal reasoning), enhanced legal literacy, and structural harmonization to strengthen female empowerment while preserving Islamic ethical foundations and human dignity.