Home
  


Your Time | Jerusalem Time



 Skip Navigation Links
BACKGROUND
Fast Facts
Expert Contacts
Official Contacts
Offices & Organizations
Documents & Maps
Historical Timeline
Help Desk
IN THE NEWS
Price protests
Hamas
Conflict scenarios
Jerusalem
Home demolitions
All Backgrounders
NEWS
Latest News
Multimedia
Reuters Wire
Blogs
Corrections
Advanced Search
COMMUNITY
Notice Board
Calendar
Letters to the Editor
MY JMCC
What is this?
Join
Log In
Set as Homepage
Edit your account
PRESS SERVICES
JMCC Services
Media Directory
Hot Spot
WAYS TO GET JMCC
Dailies & SMS
E-mail Newsletter
RSS
CONTACT US
User Support
Submit a Story
Staff List
Advertise
 

Jerusalem Media & Communications Centre

Promote Your Page Too

Follow JerusalemMedia on Twitter
News & Politics

Culture

Business & IT

Opinions

Log in to My JMCC
Email
Password
 or Sign Up
Forgot your password?Close
 My JMCC
Front Page
My Comments Photo of the Day
Calendar Hot Spot(for journalists)
Audio of the Day Video of the Day
Most Popular Historical Timeline
Noticeboard Blogs
My Tags Help Desk
  
User Info
First Name
Last Name
Username
Email
My Tags 
I am a
After signing up,you will receive
an automatically
generated password in your
email.
Close
Recover Password
Submit Your Email
 or Sign Up
Close

Saturday Sept. 1, 2012 2:22 PM (EST+7)
Palestinians ease laws preventing women from divorce
print Print
 Email
   Text
Skip Navigation Links
Share

RAMALLAH, September 1 (JMCC) - Palestinian judges last week announced a change in laws that had prevented Muslim women from requesting a divorce, reports the Associated Press.
EnlargeA relative of Islamic Jihad militant Nader Abu Daqa, mourns during his funeral in Khan Younis, southern Gaza Strip, Saturday, May 22, 2010. (AP/Khalil Hamra)


Multimedia
Al-Jazeera Int: Gaza children caught in crossfire
April 10, 2011 11:01 AM (EST+7)
al-Jazeera Int: Israelis defend 'rape by deception' conviction
July 22, 2010 10:04 AM (EST+7)
An 11-year-old boy arrested, Nabi Saleh
Feb. 22, 2011 11:21 AM (EST+7)
Documents
Checkpoints and Barriers: Searching for Livelihoods in the West Bank and Gaza
Absentees‘ Property Law (1950)
Covenant of the League of Nations
Publications
Poll No. 11, December 1995 - On Palestinian Elections
Poll No. 36 Part I, March 2000 - On Palestinian Attitudes Towards Final Status Issues and Women and Legislation in Palestine
Poll No. 6 Part I, May 1995 - On Palestinian Attitudes To Democracy
Background
Health (Palestinian)
Citizenship
Gaza disengagement
Resources
"Israel backs down over white phosphorus," Times, April 23, 2009
"Israel used white phosphorus in Gaza civilian areas," Amnesty International, Jan. 19, 2009
"Rain of Fire: Israel's use of White Phosphorus in Gaza," Human Rights Watch report, Mar 25, 2009


No longer will women have to prove mistreatment in expensive drawn-out court proceedings, the new rules state. While women's rights advocates say the changes do not go far enough, they make Palestinian law more liberal than some other countries where Islamic law forms the basis for marriage and other family-related legal issues.
"In Islamic law, the relation between spouses should be based on tenderness, love and understanding," said Sheik Yousef al-Dais, head of the Islamic courts in the Palestinian Authority, as he announced the changes Thursday. "If there's hatred between them, should we force them to stay together?"

Marriage rules throughout the Middle East are based on Islamic law but have been heavily influenced by stricter tribal traditions that erode rights enshrined to women in Islam, such as a dignified divorce. Proponents say the reforms still conform to Islamic law.

Under Palestinian law, women cannot unilaterally demand a divorce. That is still the privilege of men, who can divorce their wives without recourse to a court.

Instead, a woman must ask her husband for permission to end the marriage or go to court and prove he has treated her poorly.

Proving ill treatment often entangled women in years of court hearings as they struggled to produce tangible evidence, like a landlord testifying a husband never paid the rent, or medical certificates proving a woman was beaten. Some mistreatment like marital rape or psychological abuse was almost impossible to prove, judges said.

If a woman asks her husband for a divorce, she must return the dowry and gifts she receives from her husband upon marriage. Some men demand more out of spite: exclusive children's custody, thousands of dollars, apartments -- even ice-cream treats or bus tickets, said lawyers and judges. Or they can simply deny the divorce.

"These women are investment projects for men, open to extortion at any time," said al-Dais.

The changes mean women no longer have to prove ill treatment. The Islamic judges who decide divorce cases for Palestinian Muslims will have the power to decide, without evidence, that her marriage is harmful for them. Husbands are also barred from seeking "unreasonable" sums of money beyond the dowry, and the divorce must be completed within three months.

It is potentially a radical change for women.







Log in Login to be able to add comment Add comment  Rules ( 0 )





A relative of Islamic Jihad militant Nader Abu Daqa, mourns during his funeral in Khan Younis, southern Gaza Strip, Saturday, May 22, 2010. (AP/Khalil Hamra)



Skip Navigation Links
About JMCC
Press Services
Dailies & SMS
Polls
Publications

 




Submit News
Message
Email Address
Upload File






Skip Navigation Links
Make JMCC your homepage   |  
RSS   |  
Write for us   |  
FAQ: Comments & Moderation   |  
FAQ: Population Data   |  
Contact Us   |