Session 5

Divorce is one of the biggest issues within the Family Justice System as it is connected to custody, visitation rights, child maintenance, spousal maintenance and iddah alimony. Various types of divorce cases are submitted to court inclusive of cases on regular applications filing for divorce, cases where the man has divorced the woman out of court, khula divorce and tafriq divorces.

The steps which can be taken within the family justice system to reduce the divorce rate of Maldives, and to solve the issues faced in cases where the woman is divorced in cases of marriages solemnized abroad without registering it in the Maldives will also be considered in this paper.

The paper will discuss the challenges and difficulties faced within the family justice system on the above issues and propose solutions such as codifying areas of Islamic Shari’a where there is more than one school of thought on an issue related to divorce.