Saturday, May 29, 2010

The Importance to Come when Called by Court in Divorce Case

Several times ago a friend came. She told me her marriage problem. Her husband would divorce her. And she got letter of calling from Religious Court, but her husband prohibited her to attend the trial.

Well…. Actually it is hard to understand that a husband prohibited his wife to attend the trial connected with their divorce case. It is hard to believe that he had good intention while he was commiting divorce action.

In a divorce case, Religious Court call husband and wife to ask explanation about the reasons of divorce. If a wife as respondent does not come when court called, so explanation only got from husband as claimant. How if claimant’s explanation is untruth? Who knows…. It will be unfair situation.

If a wife as respondent or her lawyer doesn’t come in court, she possible can not struggle to get her rights if divorce happen. In Islamic Law, a husband that has divorced his wife has obligation to give mut’ah and livelihood to his ex-wife. Mut’ah is a gift from ex-husband to his ex-wife, in good form or money. But the obligation can be not decided based on certain condition.

Besides, there are some matters else that connecting with divorce. They are mahar debt (maybe), and hadhonah (children care) cost.

That’s why a wife as respondent should come to court when called. Because important to judge to hear explanation from both sides before decide to give permission of talak (divorce) or refuse it.

So, why not come when called by court?

No comments:

Post a Comment

Please leave your comment here....