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A Summary of Divorce Study in Kuwaiti Society
In the name of Allah, the Merciful, the Compassionate
"Divorce is twice, after that, either you retain her on reasonable terms or release her with kindness" (True is Allah the Almighty)
The original objective and purpose of marriage is the continuity of matrimonial life between both spouses. Allah the Almighty Has ordained judgements and morals for marriage so that it can survive and that the relation between both spouses be developed on grounds of affection and cordiality. However, these judgements and provisions might not be complied with by one or both spouses such as bad selection, not complying with morals of treatment determined by Islam. As a result, discord and disagreement increase, no means of understanding come up between the couple. There become no way for reform; therefore, there must be substitute legislation for dissolving the marriage bond to protect each party from losing its own rights, in confirmation of Allah the Almighty's saying: "But if they separate (by divorce), Allah will provide abundance for everyone of them from His Bounty. And Allah is Ever All-Sufficient for His creatures' needs, All-Wise". (Al-Nisaa Sura, Verse 132).
In this case, in Islam, divorce is a remedy when necessary and a final means if the means of compromise reconciliation come to a deadlock and when the relation between both spouses turns into a dispute and an unbearable inferno. This legitimacy confirmed by Islam for divorce is considered a merit. It is appropriate for the human nature and sound natural disposition. This has been confirmed through the retraction of Western nations which prohibited divorce and regarded marriage an everlasting imprisonment after they have viewed the negative results on both marriage parties and children if the stable marriage life turns impossible; therefore, these Western nations made divorce a lawful procedure and admitted that compulsion and coercion conflicts and contradicts with intimacy and mercy(2). (Methodological Jurisprudence, Al-Qalam Publishing House, Damascus, 1999)
The increase in the case of divorce in the Kuwaiti society in the recent years has led some scientific authorities, concerned for social issues, to study the phenomenon to determine its reason and influences on the family and society as per the deeply-rooted principles of Kuwaiti constitution that call for the protection of young children, safeguarding the fabrics of the Kuwaiti family and protecting its vital functions. Kuwaiti Social Work Society, despite being newly established, has honestly reacted to the needs of society and conducted this study on a sample of the male and female divorced (252), a case distributed on residential areas in the six governorates, where it included:
1- Chapter One: Divorce in the Light of Social and Religious.
2- Chapter Two: Divorce in the Kuwaiti Society (Theoretical Study)
3- Chapter Three: The Reality of Matrimonial Life, Divorce Reason and Impacts (Divorced Women)
4- Chapter Four: The Reality of Matrimonial Life, Divorce Reason and Impacts (Divorced Men)
(Field Study)
5- Conclusion of the Study: Findings and Recommendations.
Best Regards,
General Supervisors on the Study
Laila Abudul Aziz
Society Secretary General
Study Plan and Objectives
Marriage is the legal and lawful means for building the family in which the individual spends his life and through which he stultifies his needs and ambitions. The fruits of marriage include reproducing children and socially bringing them up and instructing them with values and customs that are stated by the doctrines and norms prevalent in a certain society. All the heavenly laws have urged people to marry to safeguard honor, achieving self-chastity and satisfying instinctual needs. On the contrary, divorce represents the negative side for destroying the structure of the family and consequently losing the spirit of cordiality and intimacy as well as the emotional satisfaction between both spouses, neglecting children who are psychologically, socially and educationally influenced by these disputes between the divorced parents. From here starts the study we are regarding to examine the theoretical and field reasons for divorce in Kuwaiti society to determine its factors and effects.
First: Study Objectives:
1- Determining the educational, social, economic and age characteristics of the divorced men and women who are the research sample.
2- Getting acquainted with the conditions of the divorced men and women during matrimonial life.
3- Getting to know the way in which the divorced man and women married the criteria they adhered to, the family relationship and the presence of children.
4- Getting to know the reasons for divorce from the part of the husband and wife, how divorce is consummated and to what extent are both of them desirous to return to matrimonial life.
5- Getting to know the influences of divorce on divorced women and children and who undertook their guardianship.
6- Coming up with the suggestions and recommendations of the research sample of divorced men and women to minimize the influences and impacts of such a phenomenon.
Second : Study Plan
1- Sample: The study sample included 126 divorced men and 126 divorced women distributed on the six governorates and of different educational level that represent, to a great extent, the Kuwaiti society.
2- Study Tool: Two forms were designed:
A- Form of divorced men include 22 questions that cover the characteristics of the sample, the reality of matrimonial life, the reasons and influences of divorce.
B- Form of the divorced women include 28 questions that cover the characteristics of the sample, the reality of matrimonial life, the reasons and influences of divorce.
3- Study Procedures:
A-Research Method:
The descriptive method was adopted in theoretical and office studies that included information about marriage in the light of the religious and social considerations across different eras on the basis of information about the conditions of marriage and divorce in the Kuwaiti Personal Status Law and the statistics about the development of divorces from 1975 till 1999. In addition, several statistical and mathematical methods have been used after collecting and classifying information. The most distinct of these measures is Ka measure for measuring differences among the observed repetitions, their expectations and whether these differences are significant, insignificant or descriptive.
B-Research Procedures:
A number of experienced and efficient researchers has been selected to collect field, review and classify field data into relation tables according to: governorates, educational status, type of accommodation, age, income. These data have been already collected (252 divorced men and women) during the second half of 2005.
4- Final Report Writing: This included the theoretical study (Chapter One and Two) and the field study (Chapter Three and Four) about examining and analyzing findings and comment on the statistical tables about the divorced men and women, which covered the reality of matrimonial life, the reasons for divorce, its impacts, the suggestions and recommendations for minimizing the exacerbation of this phenomenon.
It has been included within this report (Chapter Three: statistical tables abut divorced women, numbered 33 tables, and in Chapter Four, the tables of divorced men, numbered 30 tables). In addition, the two study forms were attached at the end of the study (Appendix 1).
Study Summary
Findings and Recommendations
First: Study Findings (divorced women)
1- Type of Accommodation during marriage: flat (55%), house (29%), villa (13%).
2- Divorced women's place of residence during marriage: independent lodging (58%), with the husband's family (35%).
3- Term of matrimonial life: 3 years and less (55%), 4-6 years (13%), age less than 30 years (58%).
4- Marriage after first divorce: yes (19%) , no (80%).
5- Style of the husband: choosing parents (31%), personal choice (29%), choosing brothers and relatives (21%).
6- Family relation between husband and wife: relatives (30%).
7- The divorced men and women have children: yes (63%), no (37%).
8- Number of Children: one child (41%), two children (26%), three children (15%).
9- Reasons for not giving birth to children: the husband is not desirous or ill (34%), the wife is not desirous or barren (18%).
10- Difference in age between the husband and wife: less than 10 years (62%)- 10 and more years (38%).
11- Reasons for divorce:
A- Reasons related to husband:
· Ill-treatment from the part of the wife.
· Inability to bear the responsibility of marriage.
· Offending the wife through abusive words or actions.
· Difference in tempers.
· Difference in opinions and attitudes.
B- Reasons related to the wife:
· Tepid sentiments of the wife.
· Continuous threat of asking for divorce.
· Not satisfying the husband's needs.
· Dissatisfaction with the husband's potentials.
12- How divorce is consummate: obtaining her rights (51%), assigning alimony (18%), assigning the deferred dowry (12%), and assigning the guardianship of children (9%).
13- Wish to return to matrimonial life: no (74%), no (26%).
14- The divorced woman's place of residence after divorce: with family (57%), the same matrimonial lodging (20%), and independent lodging (16%).
15- Children's guardianship: with the divorced mother (82%), with father (9%), the divorced woman's mother (6%), and the divorced man's mother (2%).
16- Impacts and Influences of Divorce:
A- The rupture of family relationships.
B- Children get deprived of care.
C- The State bears heavy burdens.
D- Social restrictions on the divorced woman.
E- Sentimental deprivation of the divorced men and women.
F- The children deviate and have educational difficulties at school.
Second: Study Findings (the divorced men):
1- Way of Marriage:
A- Personal choice (36.5%).
B- Choice of parents (36%).
C- Choice of brothers and relatives (19%)
2- Criteria of Marriage:
A- Piety
B- Prestige and beauty
C- The same doctrine
D- The same tribe
3- The presence of children:
A- Yes (54%)
B- No (46%)
4- Number of Children:
A- One child (38%)
B- Two children (22%)
C- Three children (28%)
5- Term of matrimonial life:
A- Less than one year (34%)
B- From 1- 3 years (23%)
C- From 4-6 years (18%)
6- Difference in age:
A- Less than 5 years (38%)
B- From 5-9 years (36%)
C- From 10 – 14 years (20%)
7- Number of wives in bond of marriage:
A- None (73%)
B- One wife (21%)
C- Two wives (6%)
8- Monthly income:
A- Less than 700 K.D (51.3%)
B- From 700 – 1000 K.D (36%)
C- More than 1000 K.D (13%)
9- Reasons for divorce:
A- Reasons related to the wife:
· Difference in tempers
· Complaint and grumbling
· Doubt and jealousy
· Control and domination
· Tepid sentiments
B- Reasons related to the husband:
· Inability to bear responsibility
· Carelessness in spending
· The husband does not doing his obligations as a husband.
· The husband's sentiments are tepid towards the wife.
· The husband ill-treats the wife.
10- How divorce is consummated:
A- The wife obtains her full rights (63%)
B- The divorced woman assigns the alimony (9.5%)
C- The divorced woman assigns the deferred part of the dowry (6%)
11- Wish to return to matrimonial life:
A- Yes (29%)
B- No (71%)
12- The guardianship of children:
A- With the divorced mother (76%)
B- With the divorced father (15%)
13- Effects and Impacts of Divorce:
A- Social restrictions on the divorced woman.
B- The children are deprived of care.
C- Deviation of the children.
D- The State bears material burdens.
E- The children face problems at school.
F- Rupture of family relationships.
Third: Recommendations and suggestions for minimizing the phenomenon of divorce:
At the end of this study, we review a number of recommendations and suggestions derived from this study and other studies, that minimize the phenomenon of divorce in order to keep the family relationships intact and keep matrimonial life stable as follows:
1- Good selection of the marriage partner whether wife or husband on objective bases and criteria.
2- Spreading awareness among the ones who are about to marry about the responsibilities of the couple as well as their rights and duties that safeguard matrimonial life.
3- Activating the family guidance offices to assume their role in settling family disputes before divorce occurs whether these offices were official (Ministry of Justice, Ministry of Social Affairs and Labor, etc) or domestic offices.
4- Spreading awareness among families in the Kuwaiti society about the objective bases and criteria for matrimonial choice, which safeguard and preserve the fabrics of family and continuations of matrimonial life such as keeping to moral values and sticking to religion in both marriage parties as well as bearing in mind social and cultural affinity. There should not be that great difference in age and family should not interfere in the affairs of the couple except for the purpose of reconciliation and minimizing early marriage because the young is in no knowledge of marriage responsibilities and can not carry out his duties, which increase the divorce cases.
5- Providing independent lodging for the newly married by the government so that the joint lodging might not be a reason for disputes that lead in the end to divorce.
6- Conducting medical examination for those who are about to marry to make sure they have not disease that affect reproduction or good matrimonial relationships.
7- Providing marriage even after divorce and separation take place in order to change the divorce experience from a painful case into a useful one so that the mistakes which led to divorce might not be repeated, getting into the new life with a true wish to achieve adjustment. This is also in order to solve the dilemma of the optimal care for the children who are the fruit of that failure marriage, the importance of the cooperation between the divorced men and women to be reach understanding points, not to take the children as a means for getting revenge from the other party because it is enough that children are deprived of the parental care within the family atmosphere.
8- Expanding in granting social loans for the young men and women wishing to marry and giving them priority to obtain a governmental housing unit, decreasing the waiting period that hinder marriage of many young men and women.
9- Teaching the curriculum of family sociology for the seniors at the faculties of Kuwait Universities, the institutes of applied education and the equivalent institutions so that the youth can understand the rights and obligations of a husband and wife, the criteria for choosing marriage partner successfully, how to deal with the disputes that arise between wives and upbringing of the children.
10- Supporting domestic committees in the voluntary social work societies existing in the Kuwaiti society that provide marriage guidance, contribute with an effective role in the subsidy of those wishing to marry if they have difficulties.
11-Coordinating between the offices of family consultations in the Ministry of Justice, offices of society development centers in the Ministry of Social Affairs that settle disputes and solve the problem facing the married people before divorce occurs so that these institutions can assume their role to minimize the increase of divorce case in the Kuwaiti society.
Study References:
1-Abu Al-A'ala Al-Mawdoudy: Matrimonial Rights- Cairo , 1980.
2-Dr. Ahmed Al-Ghandour: Personal Status in Islamic Sharia- Kuwait, 1992.
3-Dr. Eqbal Mohamed Bashir: Dynamics of Family Relationships- Alexandria 1986.
4-Dr. Sanaa Al-Khouly: Family and Family Life- Beirut, 1984.
5-Dr. Abdul Basset Mohamed Hassan: Sociology (Introduction)- 1971.
6-Dr. Abdul Basset Mohamed Hassan: Fundamentals of Social Research- Cairo, 1981.
7-Dr. Abdul Raouf Al-Jardawy: Young Divorced Women in the Kuwaiti Society- Al-Rubi'an Publishing House, Kuwait 1996.
8-Dr. Ali Abdul Wahid Wafi: Family and Society- Cairo, 1963.
9- Dr. Aliya Hassan Hussain: Divorce in Kuwaiti Society – Kuwait, 1978.
10-Dr. Aliaa Shokri: Contemporary Trends in Family Study – Cairo, 1981.
11- Dr. Mustafa Al-Khon: Methodological Jurisprudence- Dar Al-Qalam, Damascus, 1999.
12-Ministry of Social Affairs and Labor: Marriage Cases in Kuwaiti Society- Kuwait, 2002.
13-Ministry of Justice: Authenticated Marriage and Divorce Cases, 1975 – 1999.
14-Cabinet: Marriage Choice for the Seniors at the Universities and Military Colleges- Kuwait, 1990.
Acknowledgement
Kuwaiti Social Work Society would like to express it heartily-felt gratitude towards everyone who contributed with this scientific effort and sincere advice in carrying out this study, for example:
Ministry of Justice
Office of Family Consultations
Department of Systems and Information
Masharee' Al-Khair Establishment
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