**Woman’s Right to Initiate Khula’ Divorce in Gaza Sharia Courts Affirmed**

Gaza – Within the framework of a project implemented by The Center for Women’s Legal Researches, Counselling and Protection (CWLRCP), Sheikh Dr. Saeed Abu al-Jabin, representative of the Supreme Council of Sharia Judiciary and member of the Supreme Sharia Court, affirmed the approval of a woman’s right to file for Khula’ (divorce initiated by the wife) in Sharia courts when marital life becomes impossible, whether before consummation or after, within the next few weeks, with final approval expected before the end of the year.

This announcement was made during a closing conference held today by CWLRCP for the project “Towards a Better Future for Young People Regarding Marriage and Divorce,” funded by the German Heinrich Böll Foundation. The conference was attended by a number of directors of women’s, human rights, and civil society organizations, in addition to lawyers, journalists, and mediators.

Abu al-Jabin elaborated on the articles being worked on by the Supreme Council of Sharia Judiciary in Gaza and the Legislative Council:

• Article 1: “The spouses in a valid marriage contract may mutually agree to Khula’ if they fear that they cannot fulfill the rights and obligations of marriage.”
• Article 2: “If the spouses do not agree on Khula’, the wife, before consummation, may request Khula’ on the condition that she returns what she received of her dowry, gifts, and what the husband spent for the marriage. If the husband refuses, the court shall exert its effort to reconcile them. If they do not reconcile, it shall refer the matter to two arbitrators to attempt reconciliation between them within a period not exceeding thirty days. If no reconciliation is reached:
  

  • a. The court shall rule to dissolve the marriage contract after the wife returns what she received of the dowry, gifts, and what the husband spent for the marriage.
  • b. If the spouses disagree on the amount of marriage expenses, gifts, and what the wife received of the dowry, the estimation of that shall be left to the court.”

• Article 3: “If the wife, after consummation, files a lawsuit requesting Khula’ from her husband, and states explicitly that she despises living with him, that there is no way to continue marital life between them, and fears that she will not uphold God’s limits because of this hatred, and ransoms herself by waiving all her marital rights and returning the dowry she received, the court shall exert its effort to reconcile the spouses. If they cannot, it shall send two arbitrators to attempt reconciliation between them within a period not exceeding ninety days. If no reconciliation is reached, the court shall rule to dissolve the marriage contract between them.”

Huda Naim, a member of the Legislative Council, emphasized that the Khula’ law is currently being studied by the Education, Issues, and Science Committee and the Legal Committee in the Legislative Council in Gaza, and a drafting committee will be formed to draft the appropriate clauses in participation and cooperation with the Sharia Judiciary Council.

Representative Huda Naim recommended the necessity of a legal amendment to the provisions of Khula’ in the Personal Status Law to remedy the deficiencies (especially granting the wife the right to request Khula’ judicially) and make the texts consistent with the provisions of Islamic Sharia, in order to provide protection for women in particular and society in general. She added: “Sharia courts must commit to expediting the adjudication of Khula’ cases (redemption) within an effective lawsuit management program, setting a time ceiling for completing the lawsuit, and ensuring an end to procrastination and stalling by the husband and his relatives.” She recommended that in drafting, consideration be given to not infringing on poor women and considering the method of paying the amount she will return to the husband, and that forcing her to waive custody of her children or their alimony should not be among the conditions pressing on women.

She also affirmed that if the current circumstances do not allow for the approval of a complete Personal Status Law, this does not mean that amendments should not be made to the existing law in a manner that responds to the interest of women and society.

For her part, Zainab Al-Ghunaimi, Director of CWLRCP, welcomed the attendees, emphasizing that the woman’s right to request Khula’ is a fundamental demand that concerns all civil society organizations, according to the recommendations that came out during the campaign implemented by CWLRCP for this purpose. She thanked the Supreme Council of Sharia Judiciary for their attention to the issue at hand, and also thanked Representative Huda Naim for her attention and support for these demands.

Al-Ghunaimi affirmed that what they are working on now is amending the urgent matters related to the suspended interests of women because the current political division is disrupting the Legislative Council from issuing laws, so work must be done to end the division and achieve national unity.

Attendees from various human rights organizations welcomed this achievement that CWLRCP was able to obtain, as it is considered a positive step towards women’s rights issues.