Her Uterus, Her Medical Decision? Dismantling Spousal Consent for Medically Indicated Hysterectomies in Saudi Arabia

Abstract

Against the background of a recommended hysterectomy, this article examines the current requirement in Saudi Arabia for the husband's consent for any medical procedure that affects the reproductive ability of his wife. The history and background of this decree is explained, along with the major arguments for its support. Additionally, the legitimacy of the requirement is discussed from the Islamic and legal perspectives. Special attention is given to relevant cultural considerations, such as the family unit, the medical community, and the larger Saudi society. Arguments advocating for discontinuing the requirement are offered along with measures to implement in order to overcome this social artifact.