صراط عشق صراط عشق
Saudi Arabia is now starting to terminate marriage contracts (divorce) in court forcibly for both husband and wife – even if one of the spouses doesn’t appear in court or recognise the divorce.
This guarantees the observance of all subsequent rights, ranging from alimony and child custody to the freedom of a divorced woman. Previously, husbands would generally refuse to recognise a divorce, even if they didn’t live with their official wives. This made the woman completely dependent on the man, who could already have a new family. The new amendment is designed to ease the burden of divorced women. Often, most men do not intend to officially file for a divorce from their wife, Sputnik News told.
While previously the court was able to consider a divorce case in the presence of only one spouse, now both spouses are required to appear at hearings, as the practice of hearings with only one spouse present granted divorces very rarely. This was used, first of all, by men who didn’t intend to officially register a divorce. It was almost impossible to prove the fact of a divorce in such situations.
According to Rt, divorce trials that used to last three months or more now typically take less than ten days to formally conclude. The amendment also ends the practice of so-called ‘secret divorce’ in which men could freely divorce their wives with neither the woman’s consent nor knowledge.
“Indeed, this decision obliges both spouses to be present in court. This is how we will definitely be able to legally recognise the divorce. The system has finally bound both spouses to appear before the court so that the rights of a woman and a child are respected following the divorce”, Rana al-Doknan, a lawyer from Saudi Arabia, said.
“Husbands were able to not appear in court, thereby delaying the process of divorce. Usually, the trial lasted about three months, and women’s rights and interests were not always considered. Now, the trial will take an average of 10 days. Moreover, the mandatory process of documenting divorce is an essential step in ensuring the rights of women in the kingdom”.
“Often, in such cases, husbands don’t make the required allocations for their ex-wives. Moreover, a woman cannot even undergo surgery without the written permission of her husband. And with a secret divorce, some men generally refuse to sign anything for their ex-wives. And there’s nothing to be done”, she pointed out.
“The new law not only deprives men of the opportunity to get a divorce without their wives knowing, but also provides hope that in certain cases, the judge will be able to reconcile the spouses and save the marriage. If not, then at least the spouses will be able to divorce peacefully, agreeing on child support and child custody”, she says. Hawazin al-Zahrani, a Saudi researcher on children, women, and humanitarian issues, notes that the new solution helps preserve families, as a judge will still have a chance to reconcile the spouses.
It is also important to keep in mind that although divorce is permitted in Islam, it is not encouraged. Islam has a strong tradition of alternative dispute resolution that will help resolve complex matters surrounding divorce, Open.mitchellhamline.edu told. The Quran encourages an egalitarian nature in marriage and counsels compassion and tolerance within marriage and divorce.
It forbids men to leave their wives without notice or from harming them at any time, according to Wise Muslim Women. Furthermore, the Quran encourages couples to reconcile their problems without violence, and, if the couple is still unhappy, they should depart on equal and peaceful terms. It is also important to understand that the religion of Islam and people’s cultural traditions are two very different factors. A major pitfall for practitioners is confusing cultural practices with religious beliefs.
Unfortunately, today, many laws in Muslim majority countries allow a husband to pronounce the words of divorce, talaq, as many as three times to his wife without giving notice, leaving her unsupported. Today, there have been several attempts by Muslim women to reform a divorce law.
Some countries impose financial penalties on a husband who divorces his wife without cause, and others state that the wife has to be present before a man can announce divorce. In Morocco and Tunisia couples are required to appear before a judge, and oral repudiation is not accepted to ensure that women’s rights are safeguarded. Strides are being made globally to advance and protect women’s rights that are inherently protected in Islam.
