<<
>>

Loopholes in the law

The law has many positive aspects that we can consider steps forward. Neverthe­less, it does have some gaps that might threaten its effectiveness on implementation. Among those noted by legal experts are the length of time it still takes for a woman to obtain a judicial divorce.

It can take up to twelve years for a woman to obtain a final ruling, and although the new law requires the court to set a session to consider an appeal if lodged within sixty days of receiving the papers, it does not specify a time limit within which the court must pass its final ruling. Also, given the problems caused by the fact that the marriage contract is treated like ordinary civil and commercial cases and therefore divorce cases may go to three levels of litigation (including appeal and cassation), some experts propose that the law be amended so that the ruling of the first instance court is final in issues of both talaq and khul'd,i

<< | >>
Source: Welchman Lynn. Women's Rights and Islamic Family Law: Perspectives on Reform. Zed Books,2004. — 328 p.. 2004
More legal literature on Laws.Studio

More on the topic Loopholes in the law: