THE LEGAL FRAMEWORK FOR DEALING WITH DIVORCE: A CASE STUDY OF SAUDI ARABIA

Abstract

According to Islamic law, Talaq or divorce is a method of ending a marriage contract where the husband orally pronounces that he divorces his wife under Islamic law. The oral pronouncement constitutes a formal repudiation of his wife without having to go through legal proceedings or provide a legal reason to a court. The legal procedure that follows the oral pronouncement only registers the divorce, not giving it legal effect. In many cases, when the husband fails to register the divorce, the burden of proof is on the wife. As a result, such cases can involve an arduous and protracted process in which the marital status of women is left in question. This thesis seeks to mandate that legal proceedings in court must occur before the divorce can have a legal effect. In other words, the husband must go through a legal procedure when he seeks to end the marriage contract. The goal is to re-examine the legal divorce proceeding in Islamic law and simplify it wherever possible while satisfying the Islamic law requirement for divorce. The overall goal is to ensure that both parties’ rights as citizens are secured within the society.