OK Given for Women to Divorce Inmate Husbands

turkce links to original Turkish article

(Hurriyet Newspaper, 25 March 2014)

Religious Affairs Ministry scores one for women's rights.

The Ministry of  Religious Affairs has announced that

there is no objection to a woman divorcing an inmate

spouse after one year. The Ministry's ruling is as follows:

Question: "Can a woman whose husband is incarcerated

for a long time marry someone else?"

Answer: "According to most Islamic scholars, a husband's

long-term incarceration or imprisonment (POW) is not a

legitimate reason for divorce. However, according to the

Malikites (followers of Imam Malik, an 8th century Islamic

judge who lived in Medine in present-day Saudi Arabia),

if a husband lives separately from his spouse for a year or

more for whatever reason, then the wife has the right to

request a divorce from the court. Once the judge determines

that there has been more than a year of separation the

spouses can divorce."

"This is applicable to situations of long-term incarceration.

This view of the Maliki sect is deemed to be more

appropriate in this regard. Consequently, a woman whose

husband is incarcerated for a long period of time can apply

to court for a divorce."