Divorce law: Women raise concerns

Kuwait: Several women complained on social media about how the law of divorce in Kuwait makes it easier for men than women to initiate it. According to Mariam Hamad, men can divorce their wives for any reason, while women must provide specific reasons, such as lack of financial support, abuse, or mental illness. She noted that Kuwait still faces significant challenges in achieving gender equality, where it was not until 2020 that legal recognition was given to protect women from domestic violence, marking a crucial step towards safeguarding their rights.

The legal system requires women to present substantial evidence to support their claims, which can involve lengthy court proceedings and significant personal scrutiny. This process often places a heavy burden on women, both emotionally and financially. Additionally, societal and familial pressures may further complicate a woman’s decision to pursue a divorce, making it a daunting and arduous journey.

“I filed a case against my abusive husband, and it has been a year with no progress. Despite presenting evidence of his abuse, the legal proceedings have been painfully slow and frustrating,” she told Kuwait Times, underscoring the difficulties women face in seeking protection and legal recourse in cases of such divorces. Meanwhile, Rana Mzanra said that the law should accept women’s divorce cases immediately as they do with men, noting that no woman will seek to leave her home unless she has enough.

“I had to approve of giving up money and my gold to be divorced from my ex-husband. As I filed “Mokhalaa” which allows women to divorce the man immediately in exchange for giving up everything she had. In my case, it was not enough, because that man was mentally ill. Why should women deal with that for a long time or else give up everything?” she wondered.

She indicated that the divorce process can be particularly challenging for women, where they face a more complex and stringent process in providing specific and compelling reasons to seek a divorce. Lawyer Ahmed Al-Turki affirmed to Kuwait Times that the process depends on the evidence, and it takes longer because the main goal of the court to prevent the divorce, saying “If my client filed “Divorce for harm” which is a lawsuit filed usually by the wife when she is subjected to psychological, physical, or material harm by the husband, is a different case.

The process begins at the Family Court, where the court attempts to reconcile the spouses but if that fails, the court issues a final ruling to separate them. He added that the judge reviews the arbitrators’ report and issues the final ruling based on their findings. According to Article 127 of Law No 51 of 1984 regarding personal status stipulates: “The court must do its best to reconcile the spouses, if reconciliation is not possible and harm is proven, it rules to separate them with an irrevocable divorce.”

In Kuwait, divorce laws are primarily governed by Islamic Sharia law, which presents different rules for men and women. As for men, they have the right to unilaterally divorce their wives without providing a reason. This can be done by verbally declaring the divorce before witnesses or through written documentation. For women, they must petition the court for a divorce, provide specific reasons, and present substantial evidence to support their claims. Meanwhile, women who seek a divorce through Mokhalaa, should return the dowry or any form of compensation to the husband, but even Mokhalaa requires the husband’s consent.