The Causes and the Effects of Divorce and the Results of It in the UAE - Research Paper Example

The Causes and the Effects of Divorce and the Results of It in the UAE Introduction Divorce is the legal termination of a marriage between two people (a man and a woman) usually undertaken by a court of law or other responsible body. It was a very rare problem in the past but it is now an issue that has affected various families in different parts of the world with the rates differing with some margins. Divorce is now one of the most common and serious social problems faced in the United Arab Emirates (UAE) and have been experienced by a majority of families in UAE. There are many causes, effects and consequences that are attributed to divorce in many countries with some being specific to some regions while others are universal and common to most families. This piece of work gives a critical investigation of the causes of the high rates of divorce in UAE as well as the effects it has on the affected families and the society at large. The consequences or results of divorce in the country will also be highlighted and some recommendations to address the issue given. Literature Review There has been a lot of literature that has been written in regard to the concept of divorce and in this work I will review a few of them in an effort to make us understand into details the causes of divorce, the extent to which it has been spread, its effects as well as the results or consequences associated with divorce in the UAE. According to Nazir and Tomppert (2005), men in marriages in this nation seem to have more powers and rights compared to the women as per the marriage law. The personal status code, for instance, prohibits the Muslim women from marrying men who are not Muslims whereas Muslim men usually have the right to marry a woman from any other religion. The men are also permitted to marry more than one wife simultaneously although the first wife has to give consent. Muslim men also have a right to divorce their spouses very easily and whenever they wish to (for example verbally) whereas the women are not allowed to do so and it may necessitate that the judge first agrees that the particular woman’s husband has caused a considerable harm to her or else abandoned her for a long period of time before the divorce is granted. As reported in Khaleej Times (2005), there are varying rates of divorce in the UAE depending on various regions in the country as well as the economic conditions in a particular period of time which has been deemed to affect marriage institutions greatly with divorce rates increasing with the deterioration of the economy and vice versa. The survey showed that the divorce rate was at 46 percent which is way too high. Various studies show that the divorce rate is in the increase in various parts of UAE. “Another study conducted by the Ministry of Planning in Saudi Arabia has shown that since the year 2003, the divorce rate in the kingdom has been witnessing a 20 per cent increase and that 33 women get divorced every day” (Khaleej Times 2005, par 2). In the year 2007, the divorce cases were relatively very high in number with those involving the UAE national couples being approximately 1,190 which is about 42 per cent of the total divorces. This is as indicated by a study carried out by the Ministry of Economy in the country. The divorce cases that involved UAE national men and expatriate/ foreign wives totaled to approximately 420 whereas those involving UAE national women and foreign man was about 110. This shows that the marriages between couples from different nationalities is not the major cause of divorce as many people claim since statistics still show that most divorce cases are between those of the UAE nationality. In the year that followed, 2008, the total number of divorce cases increased so much to a total of 3,000. This was the highest divorce increase rate in many years back. To contrast this, Davidson (2009), asserts that most of the foreign women who get married by men in UAE are not even eager to learn the local culture including the Arabic language which in a way has contributed to increased rate of divorce and that there is approximately 31 percent of divorce cases which is out of mixed marriages as compared to 26 percent that is constituted by marriages of UAE pure nationals. A study carried out by Fudzail (2009) shows that not long ago, statistics showed that UAE was among the nations that had the privilege to enjoy a stable society in regard to family union in the Middle East. In contrast, it is now one of the most unstable in terms of family cohesion with many cases of divorce being experienced day in day out to a point of attracting attention all over the world. The search for wealth among the couples forgetting the family responsibilities has had a negative impact among families in UAE. The alarming rate of divorce in the country has necessitated various agencies to take some steps in an effort to curb this ordeal that has proved to be very harmful to the society. The government of UAE for example has taken a number of initiatives aimed at reducing the divorce cases in the nation. Some of the initiatives entail the provision of financial incentives for families since poverty has been considered to be a leading contributor of divorce cases in most families, participation in educational programs that teach the public more especially the married people of the negative effects associated with divorce and awareness campaigns to the young people who are about to get married so as to equip them with necessary information. Another very significant initiative of the government in UAE is the establishment and funding of various social centres that have been charged with the responsibility of handling and settling various family issues that could easily lead to divorce. These canters have been very beneficial as they act as preventive and curative units where cases that would lead to divorce are dealt with and also couples who have undergone divorce are given some advise so that they may understand the positives or benefits associated with having a united and happy family as opposed to being divorced. Despite the various initiatives put forth by various individuals, agencies as well as the government, it is evident that they have played a very limited impact on the society since the divorce cases keep on increasing year by year. “Between 1994 and 2008, such cases totaled about 35,000, one of the highest divorce rates in the world relative to the adult population” (Fudzail 2009 par 5). Process of marriage, marriage fund and divorce in the UAE Most of the population in the UAE is Arabian, of the Islam religion and hence they are governed by the Sharia law. The process of marriage was traditionally carried out in a legal manner where marriage contracts had to pass through the approval of the court especially where different nationalities are involved. There however have been changes where marriages do not have to pass through the court for approval ( but rather through marriage officiants whose powers have been reinforced). The conditions for marriage among couples are also now lenient as compared to earlier days where a lot of conditions and procedures had to be adhered to (Anonymous, 2010). The UAE marriage fund is a unit that is financed by the government. It is against mixed marriages especially where one partner is not from the Islamic religion. The argument is based on the protection of family stability and the overall social stability. Divorce is an aspect that is permissible in the Islamic religion but there are still some restrictions put forth by the Sharia where there has to be a justification for the divorce to take place or else where the judge can clearly see that a particular marriage may not work even after taking some precautions. Main causes of divorce in the UAE Divorce is a very complex issue that not only affect the families involved but also the society at large. There are various causes that are associated with causing divorce in different families some of them being seen to be minor while others are considered to be major depending on the consequences involved. All in all divorce is a negative aspect irrespective of the causes and the effects experienced and should therefore be avoided where possible since it leaves many people to suffer especially the powerless like the children. Some of the main causes of divorce in the UAE include financial issues, poor communication between the married partners, emotional disintegration and changes in the society and people’s value for marriages among others. Financial issues have been ranked among the major causes among most families in the world and UAE in particular. This comes especially where the bread winners particularly the men face some financial crisis and cannot efficiently support their wives ( who are mostly housewives) and children making it difficult for the families to be together and divorce is considered as an option since it cannot be termed as a solution. The inflation which has led to increased prices of basic products and services in UAE has been attributed to have a negative impact on marriages and other social ties as people are no longer at peace with themselves leave alone with their partners. Financial crisis in UAE have also been attributed to the decrease in wealth in the nation which has resulted from decline in oil deposits and sales leading to social changes among the citizens due to instability. Poor communication between men and women in a marriage is also a major cause of divorce in most families in UAE. Poor communication leads to misunderstandings which makes it impossible for couples to stay united and in most cases the divorce is usually not worth as effective communication could solve the issues through understanding of one another and the reasons for changes in behaviour which could be inevitable but rather negotiable. The problem could be linked to poor upbringing of the couples involved. "The way couples were raised during childhood, when they were prevented from expressing themselves freely and clearly, is considered one of the reasons for the increasing divorce rate. Some couples prefer to keep quiet rather than come out into the open. Some men intending to divorce their wives say that the wife is reckless and disobedient and prefer not to cite the real reason such as being bored with their wives or that they were having affairs. The majority of women intending to get divorced usually claim that their husbands are misers or are reckless whereas the actual reason remains hidden." (Khaleej Times 2005, par 5). Lack of knowledge on marital issues and obligations accrued to couples as members of an institution, marriage, is also another marriage issue. This is due to early marriages where the couples have little or no knowledge in regard to marriage life and this in return has caused a lot of problems in homes leading to many cases of divorce. Lack of acquaintance before marriage is also an automatic indicator or cause of failure in marriages. Changes in the society has also influenced the marriage institution negatively where people are unable to adapt or rather to carry out their family duties effectively in combination with the increasing demands in the society. The rapid development in the UAE came along with a lot of new ideas which contradict with the traditions leading to conflicts even to the family level. Most families in the UAE have been separated by distance where they no longer stay together making it difficult for there to be trust among the partners. Social economic changes have also contributed to a certain degree of divorce rates in different parts of UAE. These includes changes in roles of individuals particularly the women which has been made possible by the fact that they can now attain education to the highest possible level as opposed to early days where education was set aside for the Muslim men while the women were supposed to concentrate with other issues rather than education. When women become educated, they have a tendency of becoming independent and securing big posts just like their husbands and in most cases they are not usually submissive to their husband as they should. This has brought about a lot of marriage issues where the men are not ready to accept the social economic changes and the women are also not ready to listen to their husbands leading to conflicts that facilitate divorce. A study carried out by Davidson (2009), asserts that the most foreign women who get married by men in UAE are not even eager to learn the local culture including the Arabic language which in a way has contributed to increased rate of divorce and that there is a approximately 31 percent of divorce cases which is out of mixed marriages as compared to 26 percent that is constituted by marriages of UAE pure nationals. Although many arguments have been put forth to state that mixed marriage have led to the increase in the number of divorce cases, research have shown that a large number of divorce cases involve those of couples whose partners are both of the UAE nationality as compared to mixed marriages. Main effects of divorce in the UAE Divorce in most families and in UAE in particular has resulted in general destruction of families, the victimization of the affected children and the destabilization of families and the society at large. Divorce among families in UAE have led to a lot of suffering among the family members involved especially the women and children although the men also suffer. The society also suffers much as it is left with the burden of having to support the affected in one way or the other either directly or indirectly. Women for example end up living unmarried life after they get divorced. This is so because men in the society always fancy marrying women who have never been married before. The children are also very much affected by the divorce of their parents especially when they are at a tender age where they can hardly comprehend the marriage concepts. The children usually have to grow in an unstable atmosphere which may create social and emotional problems in the current times and even in the future for instance where they may tend to hate or fear marriage completely due to the suffering they endure under the hands of their parents for example disruption in education, lack of parental care among others. They in most cases lack parental care and may suffer from rejection in the new families that they may be introduced to. Men are also not left out of the negative effects of divorce. As a result of divorce, many men tend to look for other wives or girlfriends in the hope of finding a suitable partner. Nonetheless, they may also find it difficult to find someone else leaving them lonely and unable to handle the situation. They often opt to mingle with foreign women who may even complicate their social life more. They may also have problems dealing with their children as they are perceived to be on the wrong side as if they facilitated the divorce or they never made an effort to save their marriage situation even when the mistake was not theirs (Darraj, & Puller, 2008). Consequences The high rates of divorce in UAE have not been without consequences in the UAE society. Many people have suffered a lot as a result of undergoing through divorce experience with most of them having to live with the pains throughout their lives. An example which could be appropriate to show the results of divorce among families in UAE could be an instance where a woman had been married to a foreign man, who is not from the local community. This becomes even harder than when the divorced couple is not from the same community especially in regard to happens to the woman and the children. Most cases of divorce that occur between couples of mixed nationalities are hard to resolve and the women and children tend to suffer very much. The mixed race children continue to grow up in broken marriages adding up to their disappointments as they receive so much discrimination from their peers who have a pure UAE nationality. High divorce rates among families in UAE has been linked with other consequences for example the decline in the nation’s fertility rate over the past years. This is because in the event of the separation, it becomes very difficult to bear children out of marriage and also many women do not get married again once they are divorced. The fertility rate for instance declined from 3.4 percent in the year 1995 to about 2.7 percent in the year 2005 and a further decline was experienced in 2006 where the fertility rate dropped to approximately 1.96 percent. A slight improvement was however seen in 2007 where the fertility rate rose from 1.96 to 2 percent and remained at that till 2008 (Welchman, 2007). In the event of a divorce, custody of the children is usually given to the mother until they reach a certain age where they are considered to be mature or when they can marry. In case the mother remarry, her rights of the custody of the children from the previous marriage are forfeited an aspect that has been received with a lot of controversy with some individuals and groups saying that this is a deprivation of rights to the women as the children are still theirs despite the change of family while others arguing that it does mean any form of injustice since the men also suffer from separation from their children. The divorced women in the community are despised and not accorded the due respect that they deserve and for this reason women usually opt not to get a divorce but rather to keep suffering for the sake of maintaining a good image among the people in the society. Although divorce could be caused by financial problems, it can also be a contributing factor towards financial crisis in the event of a divorce. This happens for instance where the involved husband is authorized by the court of law to pay a certain amount of money, usually a large amount, to the divorced wife and children making him to suffer financially (Hasso, 2010). Possible recommendations to reduce the divorce rate among the societies in the UAE. Although the effects of divorce have been experienced to a great extent in UAE and have made many people to suffer, there are still some recommendations that could be adhered to in order to prevent/reduce the divorce cases or rather to avoid the situation from worsening. It is necessary to first try out some preventive measures since it is usually said prevention is better than cure. Dwelling on aspects that are deemed to avoid divorce among married couples and those who intend to marry in future like counseling is a key aspect that is likely to save many marriages not only in the UAE but also in the whole world. The government of the nation has for instance taken some measures to try and prevent the divorce rate and its effects from worsening. This has been through adoption of various means for instance campaigns that tend to educate the society on the advantages of maintaining a good and united family as well as the disadvantages associated with divorce through the various effects it has on the families involved and the society at large. To solve some of the marriage problems experienced in families in the UAE, there is a need to make some adjustments on the marriage laws in order to ensure that women and the children are always protected from domestic violence especially that which pertain to divorce. The domestic violence related activities should be considered as criminal offenses and those perpetrating them should be handled accordingly to ensure that justice in the family institution is always maintained. There should be changes in the customs and traditions associated with courtship and marriages so as to deal with the increased rate of divorce in the Islamic world like that in UAE. This is because there has been some customs and traditions that have been linked with making the people to deviate from the Islamic real and true intention especially in regard to the goals and values of marriage and how certain procedures in a family setting should be carried out for success( Rida, 2006). There should also be some programs set aside to emphasize to both those who intend to marry in the near future as well as the newly married that understanding between them is very crucial. Morality and the benefits of settling with the right marriage partner irrespective of the time it may take is also very essential and should be instilled to these people to ensure that they do not make a mistake of a life time. Compatibility for example is a key element that couples should consider before making a decision of getting married since without this, the chances of the survival of the marriage is greatly undermined. Another issue that could help solve some of the marriage issues leading to divorce in most of the UAE families is the understanding of the Islamic law to ensure that there are no conflicts in marriage aspects like the proposal process, paying of dowry, the witnessing, the accepted age of maturity where one may marry among others. Counseling is also a crucial aspect that should be adhered to as it helps in uniting families especially the young ones. Lack of premarital counseling leads to marital conflicts and divorce and hence this would address the issues (Gerstein, Leung, Norsworthy& Hepper, 2009). Conclusion It is evident that divorce has become a major social problem in UAE and other parts of the world. Divorce was an aspect that was in the past seen as a very bad and shameful act but it is now considered as an ordinary issue due to its prevalence and the fact that it is suffered by almost all people irrespective of their standards or social status. It is an aspect that has had negative implications on the women, the children, the men as well as the entire society. For this reason, there is dire need that appropriate measures are taken in order to deal with this ordeal. The young people should for instance be well prepared on the various aspects associated with marriages before they get into it and those already in marriage should be encouraged to stay together and be equipped with appropriate skills and knowledge through campaigns and counseling programs. The importance of a marriage and family as an institution should be made clear to all and the consequence of divorce also emphasized to ensure that people make right decisions. References Anonymous (2010). Marriage Process Made More Efficient. Retrieved from http://www.thenational.ae/news/uae-news/marriage-process-made-more-efficient Darraj, M.S & Puller, M. (2008).United Arab Emirates. USA: InfoBase Publishing Davidson, M.C. (2009). Dubai: The Vulnerability of Success. Columbia: Columbia University Press Fudzail. (2009). UAE Has One of the Highest Divorce Rates in the Middle East. Retrieved from http://1426.blogspot.com/2009/05/uae-has-one-of-highest-divorce-rates-in.html Gerstein, H.L., Leung, A.S, Norsworthy, L.K & Hepper, P.P. (2009). International Handbook of Cross-Cultural Counseling: Cultural Assumptions and Practices Worldwide. London: Sage. Hasso, F. (2010). Consuming Desires: Family Crisis and the State in the Middle East. New York: Stanford University Press Khaleej Times (2005). Survey reveals 46pc divorce rate in UAE. Retrieved from http://www.khaleejtimes.com/DisplayArticle.asp?xfile=data/theuae/2005/September/theuae_September502.xml§ion=theuae&col Nazir, S & Tomppert, L. (2005).Women's Rights in the Middle East and North Africa: Citizenship and Justice. New York: Rowman & Littlefield Rida, Nasser. (2006). The Leap. New York: Nasser Rida Welchman, L. (2007). Women and Muslim Family Laws in Arab States: A Comparative Overview of Textual Development and Advocacy. London: Amsterdam University Press Read More