Consensual extramarital relationships are considered a thorny issue in Middle Eastern societies, especially since they are linked to social taboos and myths such as honor, adultery and religion. As usual, the issue of extramarital relations mainly concerns women as most of our social taboos are linked to women and women’s bodies and freedoms. Hence, this is at the core a gender issue as women are treated unequally before the law in Arab countries. These days, rights groups and individuals in Arab countries are calling for the decriminalisation of consensual extramarital relations.
There are several obvious reasons for why these laws should be abolished. Firstly, as indicated above, current legislation is based on gender discrimination. For example, in the case that a man and a woman are prosecuted for having extramarital sexual relations, marital infidelity charges against the man can be dropped if the wife agrees to relinquish the husband. The woman on the other hand, will remain forever stigmatised.
Second, there is the issue of economic inequality. Well-off women with high paying and stable jobs can more easily leave the country where they are second-class citizens in the eyes of the law.
Third, the aforementioned factors create environments where vulnerable women run a high risk of being subject to rape and violence as women are more stigmatised by extramarital relations. There is also the issue of honor and horrific honor killings of women by relatives or family members.
Fourth, Middle Eastern nations have signed international conventions that obligate them to respect the rights of all citizens. However, women’s rights are still far behind in these countries as are personal freedoms of both women and men.
Finally, the issue of religion and, more specifically the interpretations of Sharia law, are likely the most problematic and detrimental to personal freedoms. In sum, the best way forward is to decriminalise consensual extramarital relations and let people decide how they want to live their lives.
