Islamic Divorce

Posted on October 1, 2012 by

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They say that now a days marriage doesn’t last until death separates the husband and wife, and unfortunately the divorce rates haven’t been declining at all. In a rare occasion we get to see how the Islamic divorce courts take these cases. In this video we can see that the court will listen to their vocal swearing (promises.) http://www.guardian.co.uk/law/video/2011/mar/09/islam-sharia-council-divorce

Imagine that you are in court as part of the jury, and the case that you are looking at is about a couple who have been married for sixteen years. The wife keeps saying that her husband doesn’t support her and that he hits her once in a while, the judge then asks the husband to repeat the following: “I give you my word, on the behalf of this court that I have provided support to my family and I have never struck my wife.” The husband repeats it and then the judge says, “OK that’s it, case solved you are free to go.” You are probably thinking that this judge is crazy, I know I would. In reality that is kind-of how it is in the divorce court. The judges want to do as much for reconsideration between the couple and to me it is the only good thing that this court does.  Taking a husbands vocal swearing should not be taken, there could be lies mixed in this, thus not helping the wife if she really is being abused.

Photo taken from islamlover.net

It is to my understanding that the Islamic culture is very religious and that they don’t necessarily believe in “divorce” but they do believe in trying very hard to fix the problem that the couple are experiencing. They believe that marriage is a thing that has to not be broken, and that everyone must approve both the soon to be wife and husband.  I believe that the religion part is true but it is also right to listen and to gain evidence if there is indeed a major problem. Being religious is important in this because it is unique to the Islamic culture. In the U.S not many people are very contributed to religion compared to the Islamic culture.

I understand that religion and faith is why they do so much to keep a marriage going, but to just promise to a judge in court that the husband didn’t hit the wife or that the husband does support the family doesn’t seem like a good idea. I’m sure that many of you reading this would not agree with the previous statement.

In conclusion the Islamic Culture does the right thing in believing that they can keep on trying to make the marriage continue as long as possible. Swearing by your name to the judge isn’t really a good way to tell if the person is lying. It’s not a correct thing to do and if the court were to change this it would be better for the couple. Good evidence is always essential in a court, and this “swearing” isn’t good evidence at all.

Baltazar Perez

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Posted in: Islam