Women and Divorce Laws in Islam

“Divorce Iranian Style” is an exceptionally rare film for being able to capture the realities of Iran and the divorce courts in the Muslim world using an angle that shocks the Western audience and provides them with some sort of a wake-up-call. Islam, I have to say, is a somewhat misunderstood religion, in the sense that not many non-Muslims know the details of the laws of Shari’a. For example, unlike most people think, divorce is not forbidden in Islam, and both man and woman have the right to take that decision. “Wives have the same rights as the husbands have on them in accordance with the generally known principles.” (Qur’an 2:228)

However, Qur’anic verses show that God views divorce as something that is not favorable and something that He would want his people to avoid in any way possible. The interpretation of Islam differs in various societies. The judge in the film states clearly that he considers all cases of divorce something to be frowned upon. It is also his opinion that both spouses would like to stay in their marriages rather than separating. The film depicts the cases of three different women who approach a judge providing viable justifications for wanting a divorce. Some of these justifications include abuse, the wish to complete an education, and the infertility of the husband. These justifications if brought forth by a man would immediately be taken into consideration. However, because they are brought in by a woman, the chance of success is almost immediately diminished. Failure of the wife to attempt to console her husband and attempt to resolve the issues between them means that she does not receive any benefits from the divorce. In one case, the judge shown actually tells one of the complainants to dress prettier for her husband and make sure the house is kept completely organized at all times.

Shari’a Law and the Qur’an clearly provide clear evidence of the equal rights that women and men have when it comes to marital relationships. The interpretations of these laws are flawed and the method by which they were integrated into the judicial system in Iran breaks the theme of gender equality that is highlighted numerous times within the context of the Qur’an. The film should have attempted to highlight the flaws in misinterpretation. The way the cases were depicted only heightens tensions between the West and Islamic World.

The base of this pattern is emphasized in Diane Singerman’s article, which is titled Rewriting Divorce in Egypt. She states, “People don’t know Islam; they say we must do this and that, but really they are very selective in what they identify as Islamic.”