Women often face economic challenges when they divorce. While this occurs in most contexts, regardless of religion or national legal regimes, the problem can be particularly pronounced in countries with Muslim family laws. While some actors claim that current laws are equitable because women are entitled to mahr at the time of marriage and maintenance during the marriage and ‘iddah period, these financial provisions do not ensure fairness and justice for women upon divorce.
The Qur’an and the example of the Prophet Muhammad (pbuh) offer an approach to divorce that rests on principles such as graciousness (fadl), justice, fairness, and equity (‘adl, qist, insaf), kindness (ihsan), and that which is commonly known to be right (ma‘ruf).
Governments must play their role to increase the chances that both spouses will have economic foundations when they separate. In addition. religious officials, community institutions, family members, and individuals can assist the couple to ensure that they part with kindness, respect, and fairness.
‘Policy Brief 5: Fair and Just Financial Rights Upon Divorce’ outlines the case to reform financial settlements upon divorce to be more fair and equitable. Women often face economic challenges when they divorce. While this occurs in most contexts, regardless of religion or national legal regimes, the problem can be particularly pronounced in countries with […]
As part of the Campaign for Justice, Musawah worked in collaboration with Legal Aid Society Pakistan on a national level initiative on women’s rights to matrimonial property (WRMP). As part of the collaboration, Musawah developed two policy papers for Pakistani practitioners on this topic. Paper 1: Making the Case for Matrimonial Property Rights in Muslim […]
As part of the Campaign for Justice, Musawah worked in collaboration with Legal Aid Society Pakistan on a national level initiative on women’s rights to matrimonial property (WRMP). As part of the collaboration, Musawah developed two policy papers for Pakistani practitioners on this topic. Paper 2 on Matrimonial Property Rights in Muslim Family Laws and […]