Divorce should be court-only, like marriage: Shameem

Former Prosecutor General Hussain Shameem has opined that out of court divorces should be put down as invalid in the law. 

Shameem made these comments in a blogpost addressing the debate around a recent Family Court ruling which found a divorce invalid citing that the husband had made the divorce statement while in a state of extreme anger which caused him to lose control of his actions. 

Although similar rulings have been passed in the past as well, the topic gave rise to a debate amongst religious scholars and legal experts after the recent ruling was reported in Mihaaru News. 

Under current law, divorces conducted outside court may be confirmed by applying to the court. Such divorces presently carry only a fine, though individuals may also directly seek divorce through the courts. 

Shameem argues that the current system risks inconsistent rulings by different judges in divorce confirmation cases. He believes reform is needed, with the law declaring out-of-court divorces invalid. 

Shameem wrote that divorces should only be conducted through the courts. He argued that the provision allowing out-of-court divorces to be later confirmed in court should be removed, making court-issued divorces the sole valid form, just as with marriage. 

Shameem noted how out-of-court marriages are considered a major criminal issues, and everyone has agreed that marriage should only be conducted in court. In light of this, Shameem said that he cannot understand the logic behind leaving divorce as something that can be done 'anywhere, anyhow, in anger or otherwise'. 

He further questioned why an issue such as divorce, which has major social implications, is permitted so easily when there is a legal system in place where issues of comparatively smaller consequence, such as minor business transactions and rent agreements, cannot be voided unless through courts.

"If a family is broken up through divorce, then the courts will rule regarding property gained through the marriage, children's affairs, flats, land plots and other property. Then every person will be aware of their rights and responsibilities, and there will be an enforceable legal ruling as well," Shameem stated. 

Shameem said that protection of families in included in the objectives of Islamic Shariah, and marriages being only allowed through courts serves this purpose. 

Divorce, however, falls under this as well, he said. To resolve the social, economic and religious issues that arise through divorce, it would be ideal to declare divorce, as well, as something that can only be done through registering in a State institution or the courts, according to Shameem.