If women make about 50% of the total voter population in Jordan, how did the Lower House reject the Khuloe Law (the amended Personal Status ) twice, in 2003 and 2004? For those of you, who do not have Arabic as their first language, and by the way this could apply to (Arabs, ASL individuals (Arabic as their second language), or those who do not speak any Arabic), please make sure to add "Khuloe" to your growing list of Arabic vocabulary. If your list does not include by now,words such as "Jihad, Sharia, Intifada, Wasta), you might be really behind!
So what is the big deal about the Khuloe law, and what does Khuloe mean at the first place? According to Rana Hussieni, a journalist who works for the Jordan Times: "The Khuloe law grants women the right to file for a divorce in return for monetary compensation without having to specify the reasons for initiating divorce proceedings. Under the law, a woman has to return the money or jewelry (dowry) given to her by her husband before the wedding and waive all financial obligations listed in the marriage contract."
Opponents of the khuloe law argue that passing the law will have tragic consequences on the Jordanian society and will encourage family disintegration and increase the rate of divorce among Jordanian families,which is relatively low. On the other hand, women's rights campaigners argue that the law is a necessity to protect women who are subjected to systematic physical and emotional abuse from their spouses. Personally, I lean heavily toward the latter argument but being a realist, having this discussion on a national level is more than enough reason for me to celebrate.
My lack of excitement, as it may appear to some of you has its own reasons. As I observe the wind of change blowing hard in our part of the World, I believe that a political reform is easier to achieve than a social one. Important matters such as democracy, human rights and educational reform, as difficult as they might be, are easier to be tackled and less resilient to external pressure in comparison with some social practices and norms. in this case, women's rights campaigners have to fight on two fronts. An external front, that they seem to be winning against the Male-Exclusive Club that control the " Decision Making Institutions" in the Middle East. The other internal front is a delicate and painful one, as they have to fight to convince and educate their fellow sisters about their own rights. Now, that might be a lengthy emotionally-draining fight!SHIFAA
10 comments:
Fascinating style of writing! I love reading your posts. keep the good work.
As you stated, most of the arguement against allowing women to divorce is the fear of the traditional family breakdown and with that I have to agree.
Islamically women are allowed to divorce if there is a proper reason for it. Nowadays, especially in Jordan, I see people divorcing almost for the hell of it. They hit a bump in the road and it's over.
I can only imagine the consequences if more doors were opened
Nas, I respect your opinion. Nevertheless I imagine different consequences(positive ones)if doors were opened. I hope that you did not get the impression that I am pro-dviorce because I am not. I am strongly pro-strong healthy monogammy that last till death do spouses apart. But in order to have a healthy marriage, we need to plain the field between spouses so each can have a power share in this realtionship. If the man has all the power and can divorce his wife by uttering the word "divorce" three times, and enter into marriage with this kind of mentality, there is no much hope for a rewarding flourshiing relationship. Of course, I am not saying here that all men act like a "sultan" in the marital relationship, but some of them do. And in healthy society every indiviudal (man or woman) should have the right to be treated right. Besides why would any man wants to live with someone who does not want to live with him?!
Regrading your statment that
"Islamically, women are allowed to divorce if there is a proper reason for it". I do not think that this is the case before the establishment of this law. According to Rana Hussieni, "Before the amendments, a woman seeking to divorce her husband had to file a regular divorce case at the Sharia Court and provide ample justifications for wanting the divorce. The cases would then take up to five years before a Sharia judge would issue a ruling, and on many occasions women were not granted a divorce."
Issam. The Shari3a law cannot be implemented correctly in Jordan simply because we have a melting pot of laws which contradict it. If it worked alone women would get more rights than they have now for sure.
That being said, the power is not in the man's hand. Both genders Islamically have the right to divorce. The man however has financial obligations of the family during and after the divorce. The man Islamically is tied up here and must secure his wife and his children. Hence it would be unjust to allow women with no such responsibilities to simply claim divorce. Thus the man must grant permission which most do. If he doesn't then the women can go to court and thene you have the khul' law to protect her.
Also, yes the man can just utter the words, and only once is necessary. But what follows that is a stage known as iddah' which allows the couple to reconcile. Divorce is a last resort Issam and Islam attempts to make sure of that.
I assure you, if you think that these laws were being misused before by men, then you havn't seen the worst of it to come.
The American civil rights movement faced similar obstacles in that many people - both black and white - were hostile to its agenda of transforming the social fabric of the American south. Many blacks (along with the pro-segregation majority of whites) feared both the de-stabilizing effects of civil rights campaigns and the potential backlash they would face. A simple Supreme Court decision could not in of itself change hearts and minds.
Thanks to God that the Jordanian constitution has a melting pot of resources for the legislature process. Countries that have Al Sharia as the only source of, have the worst human rights records for both men and women(Saudi, Iran, Sudan etc...)
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On the other hand, women's rights campaigners argue that the law is a necessity to protect women who are subjected to systematic physical and emotional abuse from their spouses.
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