Whipping punishment for woman who gives birth to a child out of wedlock in Saudi Arabia

The flogging sentence given to a Kenyan woman who gave birth to a child out of wedlock in Saudi Arabia has brought discussions about women's rights and the conditions of migrant workers in the country back to the agenda.

According to The New York Times, 40-year-old Esther Wanja Muthoni, who worked as a domestic worker in the capital Riyadh, was sentenced to 100 lashes for having sexual intercourse outside marriage in October 2026.

Muthoni, a mother of five children, was also sentenced to one year of exile. However, it has not yet been announced when the whipping punishment will be implemented and how the exile decision will be implemented.

Muthoni, who went to Saudi Arabia from Kenya to work, became pregnant after a short-term relationship with an Egyptian man living in the country.

It was stated that the child's father later left Saudi Arabia.

Muthoni gave birth to a baby boy in August 2025 at the staff residence of the company where she worked.

The woman, who was taken to the hospital after birth, was questioned by the police due to her pregnancy out of wedlock.

It was reported that Muthoni, who was released after the investigation, was not allowed to stay in the staff residence and was turned away from an asylum center he applied to.

Unable to find shelter, the woman started living at a gas station in Riyadh with her baby Abudy.

100 lashes and exile from the court

The case filed against Muthoni was decided in October 2026.

The court in Riyadh found the woman guilty of having sexual intercourse outside of marriage and sentenced her to 100 lashes and one year of exile.

The court's decision was based on provisions based on certain interpretations of Islamic law.

In the court documents reviewed by The New York Times, it was stated that there was no information regarding any legal action against the child's father.

It was reported that Muthoni, who received interpreter support during the hearings, did not have a lawyer and did not object to the decision.

Speaking to The New York Times after the verdict against him, Muthoni said that the possibility of the sentence being executed frightened him.

Muthoni said, "I am very scared. I don't think I can withstand these whips."

The woman, who has been trying to return to Kenya for more than a year, hopes to be sent back to her country with her child and to be reunited with her other children.

However, it was stated that Muthoni's travel documents, who could not leave Saudi Arabia due to the prolonged judicial process, had expired.

It remains unclear whether the one-year exile sentence imposed by the court means deportation to Kenya.

STATEMENT FROM THE KENYA GOVERNMENT

After the decision came to the fore in the international press, the Kenyan government also made a statement on the issue.

Kenyan Ministry of Foreign Affairs Undersecretary Korir Sing'Oei, in his statement on November 11, stated that the punishment imposed would be considered cruel and inhumane exemption according to Kenyan law.

Sing'Oei stated that they respect Saudi Arabia's legal system and sovereignty, but will continue negotiations with Saudi officials to solve the problem.

UK-based human rights organization ALQST reacted to the sentence given to Muthoni.

While the organization described the flogging punishment as an act of violence, it argued that the decision contradicted the image of reform that Saudi Arabia was trying to present to the international public.

Organizations working on the rights of migrant workers also pointed out that women who become pregnant out of wedlock in the country may have difficulty accessing health services due to fear of punishment.

It was stated that some women hid their pregnancies and gave birth without applying to the hospital because they were afraid of being reported to the authorities.

HAVEN'T THE Flogging PUNISHMENT BEEN ABOLISHED IN SAUDI ARABIA?

The Saudi Arabian administration announced a regulation to abolish flogging penalties imposed at the discretion of judges in 2020.

However, the amendment did not eliminate all corporal punishment for certain crimes under Islamic law.

Provisions allowing flogging to be imposed on certain charges, such as sexual intercourse outside marriage, remained in force.

The decision regarding Muthoni brought the scope of legal reforms in the country and the issues related to women's fundamental rights into discussion again.

The Saudi Arabian authorities did not make a detailed statement regarding the case to the public.