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Indonesia: Women dominate divorce under Islamic law in Aceh


Three years after the devastating tsunami hit the Indonesian province of Aceh, Dra Hanisah, a staff member at a local Sharia or Islamic court, said that one little noticed ripple effect of the killer wave is that more women than men are now filing for divorce in the local legal system based on Islamic law.


In an interview with Adnkronos International (AKI), Dra Hanisah, described how the current trend started after the December 2004 tsunami that, in Aceh alone, killed nearly 170,000. "We used to have more men filing for divorce but now is definitely more women," said Hanisah who is a member of the Sharia court in the provincial capital of Banda Aceh. Although there isn't comprehensive data available, Hanisah hinted that the ratio is about 3-1. In June, for example, 93 women filed for divorce at the Banda Aceh Islamic Court compared to only 34 men.The clerk, who has access to the requests for divorce, blamed the many quick marriages that took place after the natural disaster.

"After the tsunami we had many newcomers in Aceh. Some married local women but then decided to return to their places of origin and a divorce is needed," she said. "Also, some couples tried to get their spouses to their hometown, but there were also problems there and so they had to end their marriage." Other reasons often cited in filing for divorce are 'men's lack of responsibility towards the spouse or other members of the family' and 'economic problems' or 'polygamy.' According to reports, the women filing for divorce come from every walk of life. They can be well-educated and gainfully employed or uneducated housewives iving in remote areas of the province.

Hanisah said that, as part of her job, she has the duty to try and mediate between the two parties but that "it very rarely works." Situated in the westernmost tip of Indonesia and locally known as the 'Veranda of Mecca,' Aceh was granted the right to legislate provisions of Sharia of Islamic law in 1999, under the presidency of Abdurrahman Wahid, when the province was granted special status. In 2001, then President Megawati Sukarnoputri further strengthened the position of the Sharia by establishing a special Aceh autonomy law, which allowed the creation of Islamic courts. Besides divorce cases, the Islamic Court also deals with other matters, including issuing permits for polygamy and hearing inheritance disputes.

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