Progress Amid Resistance

132 WOMEN’S RIGHTS IN THE MIDDLE EAST AND NORTH AFRICAfather or grandfather, or can argue that they refused her choice withoutjustification, the daughter may appeal to the court and register her marriagewith the court’s approval. Such restrictions do not apply to men. 31 Itis uncommon and largely undesirable for a young woman to marry withoutparental (especially the father’s) approval, as it may ostracize her fromher relatives and community.Only men are permitted to marry multiple spouses. They can take upto four wives and engage in an unlimited number of temporary marriages(sigheh or mutá). In reality, polygamy is not a common practice, and mostpeople disapprove of sigheh. 32 However, because sexual relationships outsideof marriage are criminalized under Article 63 of the penal code, sighehis occasionally used by members of the secular and nonconformist youthto avoid punishment for otherwise illicit sexual activity. 33While the power of divorce lies principally with the husband, he cannotdivorce his wife without going through the family court and its requiredprocedures. The court appoints arbitrators, usually from among the relativesof the couple, in an attempt to secure reconciliation. If the husbandinsists on divorce, the court will grant its approval. 34 The process is lessarduous if the couple files for divorce on mutual basis, but far more difficultwhen the wife applies for divorce on her own. According to Article1130 of the civil code, she has the burden of proving that the continuationof the marriage would expose her to “difficult and pressing conditions.”These can include the husband’s addiction, impotence, adultery, abandonment,and physical abuse. Polygamy cannot be cited as the reason for adivorce unless it violated a condition in the couple’s marriage contract.Another option for women is a type of divorce called khula. Accordingto the Article 1146 of the civil code, a woman can file for such a divorce,based on her disgust toward the husband, if she forfeits her mehriyeh orpays him an equivalent sum. It should be noted that khula is possible onlywhen the husband concedes. 35In a divorce initiated by the husband, it is his prerogative to return tothe wife and reconcile the marriage during the course of a waiting periodknown as eddeh (three months or three menstrual cycles), regardless of thewife’s wishes. A divorced wife consequently has to remain in the husband’sresidence for three months after the intent to divorce is stated.After a divorce, a woman’s child custody rights are determined by lawbased on the child’s age. Article 1169 of the civil code originally gavewomen primary custody rights over their children until boys turn two and