The Laws of Divorce in Various Arab Countries: the Right of Maintenance - Research Paper Example

Introduction Divorce is ‘a judicial declaration dissolving a marriage in whole or in part, especially one that releases the husband and wife from all matrimonial obligations’ (Dictionary.com, 2010). In addition, divorce decree decides how the parties will share the custody of children, share property, and provide financial support etc. in the aftermath. The legal aspects of divorce are largely dependent on the law of the land and the social or cultural belief systems prevalent in the region. Different religions also provide for directions in the event of divorce and how to follow the correct protocol and process for a resolution. This is the reason, why there are different types of rules and protocols that guide the divorce process in different countries and even in different states (as in the case of United States of America). While divorce has a legal, financial and social impact on the parties involved, there are also various psychological and personal impacts on the children as well as on the ex-spouses as well (Demo et al, 2007). The detrimental impacts of divorce on all the people involved, especially the children have been reported by several scholars (Amato, 2000); and this is the reason that there is the whole industry of marriage councillors and psychologists that strive to help couples save their marriages. Even in the case of legal recourse, the courts too try to reconcile before giving a divorce decree. The reason for divorce could be diverse and varied and have been cited from the modern lifestyle to interference of in-laws to financial pressures (Wang and Amato, 2000). This paper will look at the specifically prevalent reasons for divorce in the context of UAE, which has been showing the highest divorce rates among the gulf countries (Al-Munajjed, 2010). It will also try to develop an understanding of the impact on both couples and children in the UAE. Also, it will discuss possible interventions that can be used for preventing divorces in the UAE. Literature Review Jandaly, B. A. (2010) Divorce in the United Arab Emirates. Retrieved on December 17, 2010 from http://www.international-divorce.com/uae_divorce.htm The author talks about the process of divorce in the context of Muslim Sharia Law, very often Sharia makes it tough for a divorce to happen in the UAE until the judge is convinced that the marriage will not work out. In a Sharia court in the UAE, Muslim men from any nationality can appeal for a divorce. Here, Non-Muslim women who are married to Muslim men also can appeal for divorce. After filing a case at the Moral and Family Guidance Section at the court, the counsellor meets the couple and discusses their problem. The counsellor gives tips and gives them a time of three months to see if the problems can be sorted. After the three months, if the couple think that divorce is the way out, the divorce case reaches the judge who discusses it with the couple as well as witnesses. After a few sessions, the judge concludes regarding the case and announces the decision. With the advent of technology, Sharia accepts the ‘intent of divorce’ over phone, SMS, or email. According to many scholars, as the internet is being used for dating and courting, it can also be used a method for initiating divorce. Alami, D. L (1996) Islamic Marriage and Divorce Laws of the Arab World. NJ: Springer. This book examines the laws related to marriage and divorce in Arab countries, especially the UAE and discusses them in a language that academics, researchers, students and individuals can easily understand. The book talks about the laws of divorce in various Arab countries including the United Arab Emirates and compares them with each other. The Islamic law regarding divorce is different in different countries and over the past decade, many countries in the Arabic world have modified it. In this book, the laws are explained in simple terms so that people who do not understand the legal language can use it as a reference. As there is scope for confusion regarding the laws in various countries, the author clarifies the various situations in which a marriage can be terminated in the UAE and clarifies the differences in the procedure when the husband or wife files for divorce. The book also elaborates on the right of maintenance provided to the woman and the children after the divorce. The various scenarios regarding guardianship and custody of the children are clarified with respect to the laws in each of the Arab countries. Al-Munajjed, M. (2010). Divorce in Gulf Countries. Retrieved on December 17, 2010 from http://www.saudigazette.com.sa/index.cfm?method=home.regcon&contentID=2010110286615 Divorce is on the increase in Gulf countries with UAE seeing the highest rate of divorces. The reason for divorce in the gulf countries can be attributed to the conflict between modernization and tradition. While urbanization has been blamed for subverting some of the values that held families together, another school of thought feels that long held traditions have been undermining marriages in the modern environment currently prevalent in the UAE. In the UAE, because of the high rate of divorce, the judiciary established a Family Guidance Division that aims at resolving family issues in an amicable manner. They also try to reconcile the spouses without the intervention of the court. The imams in the mosques in the UAE are also trying to increase the awareness of divorce issue by mentioning the affect of divorce on the families and children during the Friday prayers. Non-governmental organizations such as the Dubai Women Association are active in initiating programs that aim to improve family stability and hence reduce the cases of divorce with counselling. In Dubai, the Marriage Fund collaborates with government agencies to reduce the rates of divorce by developing databases on marriage and divorce. Al-Munajjed, M. (2009). Divorce in Gulf Cooperation Council Countries Risks and Implications (2010). Retrieved Dec 17,2010 from http://www.booz.com/media/uploads/Divorce_in_Gulf_Cooperation_Council_Countries.pdf As the divorce rate in the Gulf Cooperation Council (GCC) which includes the UAE is on the rise during the past few years and continues to show a rise. This is affecting families, children and the society too. Even now, many divorced women face quite a lot of social discrimination and face economic problems. This article analyzes how the rate of increase in divorce is due a many economic, social and cultural reasons that are affecting the concept of marriage in a negative way. It is very ironic to note that both urbanization as well as tradition has been affecting the increase in the rate of divorce. The UAE has taken efforts from both a legal as well as social steps to reduce the increasing rate of divorce. Apart from that, efforts are also on to help divorced women. The challenges that are currently being faced include effective implementation of the new legislatures and the protection of the rights of divorced women. The government is also taking efforts to make the necessary information available to everyone and initiating counselling programs that can benefit the couples who have marital tensions. Demo, D. H., Supple, A. J. Henley, K., Pasley, K., Johnson, C. L. (2007). Divorce - Effects On Children, Effects On Couples, Effects On Parents. Retrieved on December 17, 2010 from: http://family.jrank.org/pages/413/Divorce.html Divorce takes a toll on both the couples and the children. The phase that is the toughest is the period that leads up to divorce. The divorce no longer remains a legal procedure but takes numerous dimensions. Apart from the court procedure as well as the financial stress, the couple and the children face social stigma. The couple also has to define their roles as residential and non-residential parents. There could be life-altering transitions for the children in the family as post-divorce, children live in different set ups from the previous ones but in most cases, the mother is given the custody of the children. According to research, about 25 percent of the children from the divorced families experience adjustment problems later on in life. These children are also more socially and emotionally vulnerable as they experience multiple transitions in the parenting arrangements in their life. Many governmental as well as non-governmental organizations are taking efforts at both counselling as well as the process of de-stigmatization of divorce. Programs that offer help in alleviating the stress for the single parent following the divorce are also considered. Rosenwald, S. (1998). What Every Woman Should Know about Divorce and Custody. NY: Perigee Trade. This books serves as a good resource for women who are thinking about divorce, are going through the process of resource or those women who are divorced but are battling out cases related to the custody of the child. Across the world, many judicial systems and lawyers portray that the process is very long drawn one. This long drawn process can take a toll on the woman involved in divorce and can cause a significant amount of trauma to the woman. Very often, this trauma and victimization is caused because of the lack of knowledge. During the process of a divorce, it is very important that the women are aware of the process, potential issues as well as tips that would make the entire process easier. The various implications that come along with divorce, in terms of legality, finance and personal issues are covered in this book. This book serves as a guide to all women who go through the divorce and custody process. Wang, H., and Amato, P. R. (2000). Predictors of Divorce Adjustment: Stressors, Resources, and Definitions. Journal of Marriage and the Family 62:655–668. The paper is based on research that explores the post-divorce mental and psychological health and adaptability of the divorced spouses. The research found that spouse who had initiated the divorce and people who held positive believes about peaceful dissolution of marriage were more likely to be better adjusted. Also, it was found that stressors like moving away, losing friends and comfort of the familiar house, or decline in income were not really instrumental in causing distress, unless the person involved was also unemployed. Amato, P. R. and Previti, D. (2003).People's Reasons for Divorcing: Gender, Social Class, the Life Course, and Adjustment. Journal of Family Issues, 24(5), 602-626. This paper discusses the findings from research study that aimed at understanding the prominent causes of divorce in the United States. It was found that there Infidelity ranked firsts followed by incompatibility, drinking or drug use, and growing apart. The researchers also report that the reasons varied with the scio-cultural and personality backgrounds. Amato, P. R. (2000). "The Consequences of Divorce for Adults and Children." Journal of Marriage and the Family 62:1269–1287. This article intimately explores the impact of divorce on children and adults and found that the impacts varied between being outright detrimental to being beneficial. The children of marriages where the spouses were continuously arguing and bickering were better off with the relative peace in the aftermath, while other children who are attached to both the spouses may find it traumatic to adjust to the new single household. Methodology The research is based on a literature review where the available book, journals, articles, websites etc. were reviewed and data collected and analysed. The researcher reviewed the collected information in the light of the two main questions – what causes divorce and what are the impact of divorce especially in the context of UAE. The findings from the literature review are discussed in the next section. Results The review has highlighted that while a lot of research has been undertaken worldwide to explore the causes and effects of divorce (Demo et al, 2007; Rosenwald, 1998; Wang and Amato, 2000; Amato and Previti, 2003; and Amato, 2000), there is little research focused specifically in the context of UAE. Most of the books and articles on UAE and the Middle East are about the legal, religious or technical implications of divorce and on the divorce process (Alami, 1996; Jandaly, 2010; Al-Munajjed, 2009). The only available research on UAE, by Al-Munajjed (2010) which focuses on the causes and effects of Divorce in UAE lists the following: Reasons for Divorce in UAE Both modernity and traditional barriers have been sited as causes of divorce in UAE. Modernity and urbanization in UAE has resulted in the fragmentation of the family structure, brought confusion about the roles and expectations from different genders and has made the women more demanding. On the other hand, the traditional values like the concept of a domicile role of women, extended family’s interference etc. place added pressure on the marriage. This means that more educated and liberated women may want more respect, and more help and hands on support in running the house from the men, while the men may still want to enjoy a patriarchical position while requiring the women to help financially. This causes conflict and stress and may be leading to more divorces. Also, there it is seen that lack of communication, marital infidelity and general feelings of drifting apart are also among the causes of divorce. Impact of Divorce on Spouses and Children There are several impacts of divorce that are faced in the aftermath, the prominent among them being having to face a social stigma as divorce is still looked down upon by the predominantly traditional Middle Eastern society. Next, the financial and economic impacts are also felt as the resources of the spouses are no longer pooled as before. However, the most detrimental impact on the children is due to the transition in their lifestyle; change in their social environment; and also due to the trauma of separation from one of the parents. Children also become socially and emotionally vulnerable as they lose the stability of their house and have to adjust with new partners of their parents and live in altered conditions. Conclusions and Recommendations The paper has highlighted the various causes if divorce and the resulting impact on the life of the ex-spouses as well as on the children. The review of literature has also highlighted on the fact that there is little research conducted specifically in the UAE to understand the specific causes and to document the impacts of divorces, especially on the children. In my opinion, this is a dire omission on the part of the research community as the divorce rates in UAE are among the highest in the Middle East. I therefore recommend that primary research should be conducted in future to understand the specific causes and effects of divorce in UAE so as to find solutions for saving marriages and bringing the divorce rate down. Bibliography Alami, D. L. (1996) Islamic Marriage and Divorce Laws of the Arab World. NJ: Springer. Al-Munajjed, M. (2010). Divorce in Gulf Countries. Retrieved on December 17, 2010 from http://www.saudigazette.com.sa/index.cfm?method=home.regcon&contentID=2010110286615 Al-Munajjed, M. (2009). Divorce in Gulf Cooperation Council Countries Risks and Implications (2010). Retrieved Dec 17,2010 from http://www.booz.com/media/uploads/Divorce_in_Gulf_Cooperation_Council_Countries.pdf Amato, P. R. and Previti, D. (2003).People's Reasons for Divorcing: Gender, Social Class, the Life Course, and Adjustment. Journal of Family Issues, 24(5), 602-626. Amato, P. R. (2000). "The Consequences of Divorce for Adults and Children." Journal of Marriage and the Family 62:1269–1287. Demo, D. H., Supple, A. J. Henley, K., Pasley, K., Johnson, C. L. (2007). Divorce - Effects On Children, Effects On Couples, Effects On Parents. Retrieved on December 17, 2010 from: http://family.jrank.org/pages/413/Divorce.html Dictionary.com (2010).Divorce. Retrieved on December18, 2010 from http://dictionary.reference.com/browse/divorce Jandaly, B. A. (2010) Divorce in the United Arab Emirates. Retrieved on December 17, 2010 from: http://www.international-divorce.com/uae_divorce.htm Rosenwald, S. and A. (1998). What Every Woman Should Know about Divorce and Custody. NY: Perigee Trade. Wang, H., and Amato, P. R. (2000). Predictors of Divorce Adjustment: Stressors, Resources, and Definitions. Journal of Marriage and the Family 62:655–668. Read More