New law states Saudi women must be notified of divorce via text message
Wives in Saudi Arabia will be notified of changes to their marital status via text messages, in a move aimed at preventing woman from being unwittingly divorced by their husbands.
As of yesterday, Saudi courts must notify women of divorce rulings.
Justice Minister Sheikh Waleed bin Mohammed Al Samaani said the text message system will help to make legal proceedings in divorce “and other cases” more transparent.
“It’s a simple solution to the problem of women sometimes not being aware of the legal procedures that are taking place in the divorce,” Abdulla bin Ateeq, a divorce lawyer in the kingdom, told The National.
The law, which is changing in a reinterpretation of Sharia, stipulates that men can divorce women by making a verbal statement of intent, and getting the divorce verified by a court. The wife’s consent is not required.
Women have few legal options when their husbands choose to divorce them and are subject to the patriarchal nature of the kingdom’s divorce law. Men in Saudi Arabia not only have the power to divorce their spouse by uttering the words “you are divorced”, they can also restore the marriage through verbal intent.
Without the appropriate resources, women become trapped in these legal proceedings.
Until last year, female Saudi citizens were subject to the “House of Obedience” – a law that could result in a wife who had been verbally divorced forced to return to a spouse’s home if he chose to reverse the decision before taking it to court. It also meant women were bound to their husband’s side unless they got a divorce – a tough outcome to realise when it is initiated by the wife instead of the husband.
Although new laws have been implemented, it remains significantly harder for women to divorce their husbands.
According to Saudi law, a woman must have a reason for divorce and evidence of abuse in order to justify it.
Divorce cases in the conservative kingdom have risen dramatically in the past decade, standing at 45 per cent today, more than double the rate – 21 per cent – of 14 years ago. Last year, more than 53,000 couples split in Saudi Arabia.
The increase in divorce rates has also triggered a slow but steady shift in the country’s collective mentality, whereby divorced, barren or unsuitable women are not as stigmatised as they once were. The marginalisation of female divorcees has also reduced as failed marriages have increased, and the once-impossible prospect of a divorced woman remarrying has become possible.
Others The National spoke to attributed the rise in divorces to women’s empowerment. With the ability to pursue professional and educational careers, women are no longer exclusively dependent on their husbands for their livelihood, making the prospect of divorce an option that is no longer considered taboo.
Nada Hariri is a divorce coach who works with male and female divorcees in Saudi Arabia. She holds personal and group counselling sessions to help them through the emotional challenges and societal pressures.
“It isn’t as it was before, like a stigma or some tragic occurrence that a divorce has happened in a family,” Ms Hariri said. “People are willing to accept that divorcees are among them and they can be successful. Many are remarrying and continuing their lives.”
Another challenge she said was co-ordinating coparenting between the divorced couple, which she says requires “better communication” from both sides.
Last year a new law was implemented allowing women to retain custody of a child after a divorce without entering into legal proceedings. Previously, women were given custody until the child turned nine at the latest, to be able to fulfill their “motherly duties”, before handing over custody to the former husband.
“Our government is going through giving women their rights, and making things easier for them,” Ms Hariri said.
Saudi Basic Law states that the family is the foundation of Saudi society and that the state will work to strengthen it. Guided by that law, the government is trying to reduce the increase in divorces in an effort to prevent what it considers a threat to one of the foundations of Saudi society.
Divorce cases in the conservative kingdom now stand at 45 per cent – more than double the rate of 14 years ago