LEGAL STATUS AND CONSEQUENCES OF UNILATERAL DIVORCE: COMPARATIVE STUDIES BETWEEN EGYPT, JORDAN, TUNISIA AND INDONESIA

Abstract

Unilateral divorce by the husband outside the court requires attention in order to protect the women and children involved. This study was conducted to find out how the evolution of traditional family law to modern family law is taking place in four countries, namely Egypt, Jordan, Tunisia and Indonesia. This qualitative study employs documentary and comparative methods as research methodology. The results of this study show that there are differences in the laws and regulations of Islamic family law in these countries. A divorce forced by the husband is unilaterally recognized as valid in Egypt, Jordan and Tunisia, while in Indonesia the wife can contest the divorce or have it contested. Egypt and Tunisia impose criminal sanctions on husbands who do not fulfil their obligation to pay maintenance and housing to their ex-wives, while Indonesia and Jordan do not impose criminal sanctions. The criminal sanctions imposed in Egypt and Tunisia consist of the payment of a certain number of fines or imprisonment for a certain period of time. In Jordan, on the other hand, divorce can be prosecuted without notification to the competent authorities. The best implementation of family law with regard to unilateral divorce is therefore found in Tunisia. The academic contribution of this study to family law worldwide is that it offers the most ideal approach to protecting the often neglected rights of wives and children.