"Divorce has been around as long as bad marriages; however, the ways we do divorce have changed.” (Clarke-Stewart & Brentano, 2006).
Please read the following news article. Divorce Rates Surge in Egypt by el Magd (2008).
The processes of marriage and divorce varies across nations and cultures, according to the religious beliefs and laws of the people and countries involved. Divorce rates have been on the rise ever since the 1950’s in all industrialized nations, including those where there is still a strong religious influence (Clarke-Stewart & Brentano, 2006). In Australia, since the 1975 Family Law Act was passed, it is possible for people to be released from their marriages without needing to provide reason other than their relationship having experienced an “irretrievable breakdown” (Qu & Weston, 2011). Spouses can apply as either joint applicants or sole applicants and they may or may not need to attend a trial (Family Law Courts, n.d.b).
The processes of marriage and divorce varies across nations and cultures, according to the religious beliefs and laws of the people and countries involved. Divorce rates have been on the rise ever since the 1950’s in all industrialized nations, including those where there is still a strong religious influence (Clarke-Stewart & Brentano, 2006). In Australia, since the 1975 Family Law Act was passed, it is possible for people to be released from their marriages without needing to provide reason other than their relationship having experienced an “irretrievable breakdown” (Qu & Weston, 2011). Spouses can apply as either joint applicants or sole applicants and they may or may not need to attend a trial (Family Law Courts, n.d.b).
While it is beyond the scope of this website for me to delve into the details of each culture’s processes and perspectives of divorce, it is important for me to see a different perspective to understand that depending on the people involved, there will be different circumstances which will surround such an incidence. Depending on a person’s culture, the power to terminate a marriage contract can be given to a religious or judicial body, and, as Madera (2010) points out, some religious bodies carry gender inequalities with them, leaving women in the hands of patriarchal systems.
In Islamic culture divorce is strongly discouraged as it is the most detested legal act by their god (Madera, 2010). There are however, four different types of divorce which can be achieved by Muslims and these vary according to one's gender (Black, 2010). One way of divorcing is by the male spouse uttering a word and declaring the divorce to his wife who must accept this (Syriah Court Singapore, 2006; Black, 2010). If an Islamic woman wishes to divorce her male spouse, it must always be done through the Syriah Court, where she has the options of either proving that he has not withheld his marriage promises, trying to seek an annulment on some grounds or attempt to buy her way out of the marriage if her husband will accept a sum of money (Syria Court Singapore, 2006). In Australia this is difficult as she must find and be approved by an authorised group of Islamic Scholars (Black, 2010).
In contrast to traditional Islamic culture, Muslims living in Australia are required to involve the Family Law Court, and to be separated for 12 months prior to the divorce being authorised (Black, 2010). In addition it is noted that the Family Law Court of Australia does not recognise this religious divorce as valid for the purposes of remarriage and in some instances the Family Law Court’s verdict of divorce is not recognised by the Islamic community (Black, 2010).
My Biases, Assumptions and Pre-Understandings.
As a Canadian Australian with Christian heritage, I do not claim to understand how it must feel to be an Islamic woman seeking divorce, nor do I know the individuality of each situation. In writing the above I have simply tried to gain a basic idea of the processes involved so that I am aware of the complexities which can be experienced through an Islamic divorce in case students in my class are effected by the same.
I have been heavily swayed by my own liberties as a woman in my culture, and I cannot help but notice the apparent disadvantages to an Islamic woman from my perspective. I know I will need to be tactful and respectful of a woman's rights when communicating to the divorced parents of any Islamic student in my class.
As a Canadian Australian with Christian heritage, I do not claim to understand how it must feel to be an Islamic woman seeking divorce, nor do I know the individuality of each situation. In writing the above I have simply tried to gain a basic idea of the processes involved so that I am aware of the complexities which can be experienced through an Islamic divorce in case students in my class are effected by the same.
I have been heavily swayed by my own liberties as a woman in my culture, and I cannot help but notice the apparent disadvantages to an Islamic woman from my perspective. I know I will need to be tactful and respectful of a woman's rights when communicating to the divorced parents of any Islamic student in my class.