Divorced Women’s Financial Rights In Afghanistan: Does Mahr Offer Financial Security To Afghan Divorced Women?
- Publication Type:
- Thesis
- Issue Date:
- 2019
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Divorced women in Afghanistan are not entitled to financial rights beyond three monthsโ ๐ช๐ฅ๐ฅ๐ข๐ต maintenance. However, it might be argued that they have the right to ๐ฎ๐ข๐ฉ๐ณ, as well as other possible rights under Islamic law including womenโs rights to stipulations in the marriage contract and the right to ๐ฎ๐ถ๐ต๐ขโ๐ข, which may offer some financial security to divorced women, if applicable.
While the three monthsโ ๐ช๐ฅ๐ฅ๐ข๐ต maintenance is not of sufficient value to alleviate post-divorce financial hardship and the other two mentioned rights may not work well in the Afghan context, the right to ๐ฎ๐ข๐ฉ๐ณ is important and might carry significant financial value to save a woman from post divorce financial destitute. This thesis assesses ๐ฎ๐ข๐ฉ๐ณ from that perspective and explores the reality and effectiveness of this right as a reliable source of financial security. The thesis seeks to find whether ๐ฎ๐ข๐ฉ๐ณ has the capacity to compensate for the lack of post-divorce financial support in the life of Afghan women.
Breaking down the major thesis questions, it first seeks to find out what happens to ๐ฎ๐ข๐ฉ๐ณ in Afghanistan: why it happens and how it happens. It also poses the questions, do divorced women in Afghanistan generally receive ๐ฎ๐ข๐ฉ๐ณ; if it is received, what is the average payment; and is this practice consistent across the research areas? If ๐ฎ๐ข๐ฉ๐ณ is not being paid, what are the reasons and possible obstacles that prevent women from accessing their right to ๐ฎ๐ข๐ฉ๐ณ?
To explore the answers, the thesis first analyses the available financial remedies offered to women under Sharia law and Afghan jurisdiction. The thesis then assesses the laws and practice for the existing support mechanisms for ๐ฎ๐ข๐ฉ๐ณ within the current legal system and its application in marital disputes. It responds to the research question by presenting empirical findings from family court summary books (describing 1117 cases decided between 2003 and 2015), in-depth interviews with legal professionals, and the candidateโs observations of cases heard in family courts in three provinces in Afghanistan. The thesis concludes that ๐ฎ๐ข๐ฉ๐ณ does not provide adequate financial support for divorced women, and, as a consequence, a vast majority of them are left with no financial assistance.
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