25 Mart 2014 Salı

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."

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