Woman sentenced to 100 lashes in Saudi Arabia for giving birth outside marriage

A Kenyan woman working in Saudi Arabia has reportedly received a sentence of 100 lashes following the birth of a child outside of wedlock. Under the Saudi sharia law system, sexual relations outside of marriage are considered a criminal offence. Human rights organisations have criticised the penalty as an “act of violence,” noting that women are disproportionately targeted by such measures.

Although a significant number of unmarried women give birth in Saudi Arabia, rights groups suggest this specific case surfaced only because the mother was taken to a hospital. Medical facilities are mandated to report instances of single women giving birth to the authorities. Ekaterina Porras Sivolobova, founder of the non-profit organisation Do Bold, which advocates for migrant workers’ rights in the Gulf, stated, “Most of them give birth at home, that’s why they aren’t reported.”

The woman, Esther Wanja Muthoni, was employed as a housekeeper and nanny in the country. Reports indicate she became pregnant following a brief relationship with an Egyptian man, who has since departed Saudi Arabia. A 2024 investigation by The Guardian revealed that numerous Kenyan single mothers have been abandoned by the fathers of their children, who fear arrest for extramarital sex. Following the ruling issued last month, Muthoni told the New York Times that she feared she would not be able to endure the lashes, stating: “I don’t deserve this.”

The case coincides with the postponement last week of a planned visit to Saudi Arabia by Reem Alsalem, the UN special rapporteur on violence against women and girls. Alsalem noted she had intended to “raise the situation of specific cases during the visit. If the visit does not take place soon, I will do so separately through the established channels that we have as mandate holders.”

Maryam Aldossari, acting director at the UK-based rights organisation ALQST, described the ruling as an act of violence and suggested the woman should have been repatriated to Kenya instead of punished. Aldossari stated, “It just shows the hypocrisy behind so-called Saudi reform. We know MBS [Mohammed bin Salman, the Saudi crown prince] has been trying to show the world that Saudi is becoming a modern country that empowers women, yet we see the court sentence a mother to 100 lashes.”

Saudi Arabia announced a reform in April 2020 intended to end flogging as a judicial punishment. However, ALQST noted in a 2021 report that the reform only applied to ta’zir offences, where judges possess discretion over sentencing. Flogging remained a potential penalty for certain hudud offences, including adultery and alcohol consumption. Sivolobova remarked that assisting Kenyan mothers has proven difficult compared to those from other nations, adding, “I haven’t been able to get help from the Kenyan authorities to support these women.” The Saudi government was approached for comment.