Praise be to Allah, and prayers and peace be upon his Messenger, and upon his family, companions, followers, and those who follow them until the Day of Judgment.

Indeed, Islam is a religion of modesty and chastity, a religion of equality and justice. It came with a comprehensive Sharia law and fair rulings that are derived from divine commands revealed in the Quran and the Sunnah (teachings and practices of the Prophet Muhammad, peace be upon him). Islam takes into account human nature, maintaining balance among tribal communities during the early days of Islam and among Islamic societies in the modern era.

In the realm of personal status laws, it is evident that these laws have adhered to the provisions of Islamic Sharia in all their texts and rulings. Here, we are not critiquing the rulings of the law itself, but rather discussing the mechanisms of its implementation.

In the beginning, most legislations attempted to establish boundaries to prevent abuse in the exercise of rights, especially the right to litigation. However, litigation associated with personal status laws, in particular, and the numerous exceptions it is subject to, have made it a means to facilitate the acquisition of rights in some instances, while also becoming a means of abuse and harm to others in many other instances.” One of the notable exceptions is the temporary evidentiary value of judgments in personal status matters, where a lawsuit can be filed just one year after the issuance of the last judgment involving any of the parties. This is in contrast to the permanent evidentiary value of judgments in other civil or commercial matters, for example, which acquire permanent validity upon the conclusion of the lawsuit with a final judgment. Furthermore, personal status lawsuits are exempt from fees unlike other matters. These exceptions have played a significant role in leading some women to pursue litigation, whether they have been harmed or not, as long as the doors are open for such actions. In fact, working in the legal field as lawyers exposes us to numerous exaggerated lawsuits and claims, including unrealistic demands that do not reflect the woman’s actual financial needs or expenses. Instead, they express her desire to harm her ex-husband in his work or finances as a punishment for his social behaviour towards her or to prevent him from marrying another woman by financially incapacitating him.  In fact, based on numerous examples, we can say that there are men who end up paying more than their salaries as expenses, and some have even resorted to borrowing money. The situation has escalated to the point where some individuals have been imprisoned for failure to fulfil these financial obligations. Instead of legislating laws to protect the family and its well-being, it has become a tool in the hands of some individuals to imprison and pursue the family’s breadwinner, treating them as if they were wanted criminals. As for our perspective, we propose the necessity of setting a limit on the boundaries of claims and expanding the time period between each lawsuit, specifically regarding requests for increased financial support. It should not be limited to just one year, nor should the ability to file a lawsuit again be limited to one year after a previous one, only in the case of losing the lawsuit. The harm is not solely in the judgment rendered by the court against the man, but also in the act of litigation itself. It costs him money for lawyers, exhausts his time and work hours, and causes him worry and distress throughout the stages of the lawsuit and attending court sessions. It is inconceivable for litigation to become a weapon wielded against individuals, rather than being a means to preserve and protect the family unit and its members.

By Lawyer 

Mohammed Gawish