Divorce Law may change soon
Muslim men wishing to end their marriages may be ordered in future to use the legal system because of growing concern about the abuse by some husbands of the right to oral divorce, a leading Islamic cleric has warned.
In a sermon sanctioned by the Government, Sheikh Jihad Hashem said the high rate of separation had prompted a rethink of the tradition of divorce on the basis of the husband’s declaration that the marriage was over.
Preaching at the Mariam bint Sultan Mosque in Abu Dhabi on Friday, he said: “Divorce is a recourse frequently abused. When used arbitrarily, it is recklessness.
“Oral divorce does not exist in other societies, and the Ulama (scholars) are now considering the possibility of rescinding the right to oral divorce.”
Sheikh Hashem reminded worshippers that divorce in other countries took place only before a judge, with each party represented by a lawyer. “If we don’t rectify this, then this other system — whether right or wrong – will be forced upon you,” he said.
The theme of this week’s sermon, which included a call for couples to seek reconciliation before separating permanently, reflected the authorities’ increasing concerned about the high divorce rate.
The official text from the General Authority of Islamic Affairs was supplied to all mosques, and also urged men to keep their anger in check in marital disputes.
Couples should show greater restraint in marital disputes, it said, suggesting that sleeping in separate beds for a few days was better than breaking up a marriage for good.
Clerics are obliged to follow only the theme rather than the letter of the text.
Sheikh Hashem, an American who converted to Islam and preaches largely in English, warned Muslims that abusing verbal divorce was leading to mockery in other cultures.
“People are making fun of us because of our foolishness,” he said, calling for scholars to “step in”. “Saying I’ve divorced here and reconciled there as if the women, our sisters and mothers, were a mere yo-yo on a string. It’s a mockery.”
Several Muslim countries have already banned verbal divorce. In Morocco and Tunisia, a change in family law requires a couple in dispute to go before a judge. The standard marriage contract in Islamic Sharia gives the “Isma” — the right to divorce by saying “I divorce thee” — to the man.
Although women can negotiate prior to marriage for a transfer of the Isma to herself, that rarely happens. In most marriages, the Isma is in the hands of the husband.
Divorce in Islam is legal and although it is officially discouraged, rates in the UAE are 46 per cent, the highest in the GCC, according to a 2003 study at Prince Salman Social Centre in Riyadh.
Divorce has a greater stigma for women than men in Emirati culture and many women give their fear of divorce as a preoccupying concern. Sheikh Hashem also addressed the rare problem of women seeking divorce frivolously. The women’s section at Mariam bint Sultan mosque was unusually full during the divorce sermon, with about 150 women listening. “Whenever a woman seeks divorce from husband for no good reason, just because she is bored or having a mid-life crisis, the Garden will be unattainable to her,” he said, referring to the Garden of Heaven.
Sharia law says a woman seeking divorce must demonstrate abuse or shortcomings in a marriage. Remaining single is also discouraged in Islam with unmarried people reminded “to complete their religion”. The imam touched on the sanctity of marriage as the essence of the male-female relationship.
/The National/
In a sermon sanctioned by the Government, Sheikh Jihad Hashem said the high rate of separation had prompted a rethink of the tradition of divorce on the basis of the husband’s declaration that the marriage was over.
Preaching at the Mariam bint Sultan Mosque in Abu Dhabi on Friday, he said: “Divorce is a recourse frequently abused. When used arbitrarily, it is recklessness.
“Oral divorce does not exist in other societies, and the Ulama (scholars) are now considering the possibility of rescinding the right to oral divorce.”
Sheikh Hashem reminded worshippers that divorce in other countries took place only before a judge, with each party represented by a lawyer. “If we don’t rectify this, then this other system — whether right or wrong – will be forced upon you,” he said.
The theme of this week’s sermon, which included a call for couples to seek reconciliation before separating permanently, reflected the authorities’ increasing concerned about the high divorce rate.
The official text from the General Authority of Islamic Affairs was supplied to all mosques, and also urged men to keep their anger in check in marital disputes.
Couples should show greater restraint in marital disputes, it said, suggesting that sleeping in separate beds for a few days was better than breaking up a marriage for good.
Clerics are obliged to follow only the theme rather than the letter of the text.
Sheikh Hashem, an American who converted to Islam and preaches largely in English, warned Muslims that abusing verbal divorce was leading to mockery in other cultures.
“People are making fun of us because of our foolishness,” he said, calling for scholars to “step in”. “Saying I’ve divorced here and reconciled there as if the women, our sisters and mothers, were a mere yo-yo on a string. It’s a mockery.”
Several Muslim countries have already banned verbal divorce. In Morocco and Tunisia, a change in family law requires a couple in dispute to go before a judge. The standard marriage contract in Islamic Sharia gives the “Isma” — the right to divorce by saying “I divorce thee” — to the man.
Although women can negotiate prior to marriage for a transfer of the Isma to herself, that rarely happens. In most marriages, the Isma is in the hands of the husband.
Divorce in Islam is legal and although it is officially discouraged, rates in the UAE are 46 per cent, the highest in the GCC, according to a 2003 study at Prince Salman Social Centre in Riyadh.
Divorce has a greater stigma for women than men in Emirati culture and many women give their fear of divorce as a preoccupying concern. Sheikh Hashem also addressed the rare problem of women seeking divorce frivolously. The women’s section at Mariam bint Sultan mosque was unusually full during the divorce sermon, with about 150 women listening. “Whenever a woman seeks divorce from husband for no good reason, just because she is bored or having a mid-life crisis, the Garden will be unattainable to her,” he said, referring to the Garden of Heaven.
Sharia law says a woman seeking divorce must demonstrate abuse or shortcomings in a marriage. Remaining single is also discouraged in Islam with unmarried people reminded “to complete their religion”. The imam touched on the sanctity of marriage as the essence of the male-female relationship.
/The National/
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