She has the right to confide in divorce and custody of children. What's going on in the court of Ja & # 39; fariyah?

"The initiative of Jaafri's head of the courts in Lebanon, Sheikh Mohammed Kanaan, has not yet" reformed "these courts to the Shiite Islamic Council, despite the" turmoil "that it has aroused as a "reformist stage", writes Hadil Farfour in the newspaper Al Akhbar, but it is "still an idea" according to the sources of Canaan itself!

At a colloquium on "Increasing the age of detention in the courts of Ja" far, Kanaan announced Saturday that a series of "reforms" would be undertaken by the courts "two weeks later" on issues of divorce and custody often unfair to women. He explained that it will be the adoption of a specification that the couple will see when registering their marriage in court, including the possibility for the woman to divorce in case the husband would abstain from slavery or imprisonment for more than one year or he was abused for more two years. They may also require custody of their children until they reach the legal age or puberty. This "initiative" also included the activation of the "authorized system" to limit the conduct of marriage and divorce contracts to court-authorized procedures, and "the establishment of a committee within six months before the courts". Sharia courts "comprising psychologists, social workers, educators and doctors; Consider the cases of divorce and custody.

Far from the "hospitality" of the initiative, but the rebuttal shows that it is more than trying to circumvent the obligation to increase the number of hours. Age of the mother in the Shia community (two years for men and seven years for women).

Absence of compulsory nature
"What they have to do, it's take care of it," said Kanaan, after Zaf had stated that no contract had been accepted by the courts up until now. 39 that the couple has been informed of the specifications. This means that, in short, the absence of mandatory nature of these conditions, which means that the "initiative" is not new, because "the possibility of binding enforceable contracts exists in Islamic law … and believers in their conditions, "says Jafar Fadlullah, explaining" Until the maturity of doctrinal views, the requirement of intermediate solutions is important because the promulgation of a regulatory law can create a new culture, which is necessary for communities to cope with social embarrbadment, which is an obstacle to the principle of requirement. "It is difficult to apply the proxy" because it contradicts the identity parties who do not want to sign, "he said, stressing however" the importance of becoming a public option to become socially acceptable later ", noting that" the need to open the door to a flexible diligence move in every in order to determine the mechanisms badociated with the detention and others.

(According to a copy that has been distributed) is limited to specific cases (for example, if a woman has the right to divorce herself if the husband is beaten or otherwise abused, condition to prove it, in the extent that it is about continuous behavior, without being aware of his condition and if he is jailed for a year or more for an heinous crime such as murder, theft and treason .. ", knowing that she is legally entitled to demand a divorce without any of these conditions and, as provided by law, custody of her children must be kept without specifying her age.
Read the full article Click here.