Here in America, it is relatively easy to get a prompt, no-fault divorce. In fact, Americans don’t even need to cite that their spouse offended them in order to get their marriage dissolved. If a couple has found that they have “irreconcilable differences” or can’t repair their marriage because they fell out of love or don’t want to be together, then they have the right to their desires. A divorce allows Americans to untangle themselves from spouses and meet new lovers. They are able to start a new family, a new life, or a new fling at any time.
People in some other countries aren’t nearly as lucky. In the country of Palestine, women who seek to divorce their husbands risk years of miserable and pricey litigation, and they may not even succeed in ending their marriages. Normally, every single Palestinian divorce which is prompted by the woman comes with a very long domestic battle. Even if they beg their spouses to leave, the courts may not uphold the request. This is because Palestinian religion is tied up with their laws, and women are not allowed to divorce based on religious decrees. Still, Palestinian authorities are starting to realize the injustice of their laws, and are making a huge step forward by creating divorce reforms that will make it easier for a woman to divorce an abusive or oppressive husband.
Sheik Yousef al-Dais, the head of the Islamic Courts in the Palestinian Authority, says that there is no reason to force a couple to stay together when there is hatred between them. He announced his divorce reforms on August 30th, 2012. The Sheik says that the divorce reforms are still in line with the Islamic law, which is what governs many of the statutes in Palestine. Under the current laws, women cannot unilaterally demand a divorce. This is only a man’s privilege. The husbands are able to end their marriage without even going to court, but their wives are chained into the marriage until the man decides to end it or eventually passes away.
Palestinian women can try one of two tactics to end their marriage in the state. In the past, they could go to court and attempt to prove abuse, or they could ask their husbands permission to end the marriage. If the husband consented, he could end the union himself. Yet the wife often runs the risk of angering her husband with this request, a danger that could spark abusive treatment. Because the women are relatively helpless in these marriages, they often have to suffer under oppressive conditions if they frustrate their spouses. If a woman decides to bypass a request and go straight to the courts it will often cost her dearly, and she will still aggravate her husband by shaming him in front of the legal system.
This also runs a risk. The women need to show tangible evidence of her husband’s ill behavior in court in order to gain a divorce this way. Often, women will try to prove that a man doesn’t pay rent, or has been beaten. Pet mistreatment like marital rape or psychological abuse is almost impossible to prove in these contexts, so many women are out of luck. Even if a woman can prove that she is abused in a Palestinian court, she needs to give her dowry and gifts back to her husband. Men often also demand custody of all children, thousands of dollars, and other benefits as conditions of the divorce. This can leave a woman single, but incredibly poor.
Al-Dais says that women are investments for their husbands, and the men often believe that they can treat this property however they want. The new laws will change that. Now, Palestinian women won’t have to prove that they were treated poorly in order to qualify for a potential divorce in a family court. Instead, the judge will have the power to decide, with or without evidence, whether or not the marriage is harmful for the couple.
Husbands will no longer be allowed to seek unreasonable amounts of money form their wives beyond the return of the dowry. The divorces must be completed within three months, which will speed up the process and protect women from potential abuse while they try to leave their husband. This instance serves as a reminder that not all men and women have same rights as the couples in the United States. If you determine that your spouse is not the one for you, or you are a victim of spousal abuse, then you have the right to a divorce. Contact a family lawyer today!