iii. Divorce
Divorce is another problematic area for women’s rights in Islamic law. Critics argue that a specific type of divorce, the husband’s ability to divorce his wife by repeating the phrase “I divorce you” three times in succession,95 is incompatible with women’s rights.96 Like polygamy, this type of divorce appears to be relatively rare. Indeed, several Islamic states ban it altogether.
The reformed Mudawana provides women greater legal protection by inhibiting the husband’s ability to complete this practice.98 Now, this type of divorce requires a judge’s permission and review.99 The reformed Mudawana also reinforces the woman’s right to ask for a divorce for any abuse that she suffers by allowing the liberal admission of evidence. This includes the right to have a court depose witnesses. Finally, mutual divorce without cause is available for the first time, provided no harm comes to the couple’s children.
While some safeguards for divorce existed prior to the reformed code—at minimum, Islamic law has always afforded women the right to stipulate conditions of their marriage through a marriage contract—the additional safeguards found within the reformed Mudawana provide women greater legal protection. The reformed code also exhibits the government’s commitment to combating spousal abuse.