A number of community leaders, mediators, and directors of civil and women’s organizations have endorsed calls for amendments to the Family Rights Law. They are urging decision-makers in the Sharia judiciary, the Legislative Council, and the Executive Authority to expedite decisions to amend the current legal texts and litigation procedures in Sharia courts. These changes aim to ensure the protection of young women’s rights when a marriage contract is terminated before consummation.
These calls were made during a workshop, part of a series targeting civil society leaders, organized by The Center for Women’s Legal Researches, Counselling and Protection (CWLRCP). The workshop, in cooperation with the Women’s Affairs Center, focused on a rights document titled “Towards Justice and Equity for Women in Family Rights,” under the project “Early Divorce: Causes and Effects,” funded by the Heinrich Böll Foundation. The project aims to reduce legal and social discrimination against women, increase young women’s access to justice, and promote their rights and choices.
Zainab Al-Ghunaimi, Director of the CWLRCP and legal researcher, explained that the purpose of marriage is to form a sound family that contributes positively to society. Therefore, the foundation of a family should be based on agreement and understanding between the parties of the marriage contract. If this agreement is absent, terminating the contract before the wedding ceremony is less harmful to the parties involved. However, the termination must preserve the rights of both parties without prejudice.
She elaborated on the proposed amendments regarding the termination of a marriage contract before consummation. The proposal states that both parties in a valid marriage contract, prior to consummation or valid seclusion, have the right to annul the contract if either party loses the desire to proceed with the marriage. The fiancé (husband) who wishes to annul the contract will bear the financial consequences of his decision by forfeiting the returned dowry and gifts given to the fiancée (wife). The fiancée (wife) who wishes to annul the contract will be responsible for returning the money and gifts received from the husband. However, the fiancée’s (wife’s) request to annul the contract will not be considered a personal desire, and the man will bear the financial burdens in the following cases:
The participants also called for delaying the change of the betrothed woman’s name on her identity card to that of her husband until after the wedding ceremony and consummation. This is to avoid potential social problems that may arise as a result.
