Progress Amid Resistance

QATAR 407woman’s freedom of movement and freedom to choose her marriage partnermay be inhibited by her family. Al-Thani married an Egyptian na tionalin November 2002 in Egypt without her family’s permission; nine dayslater she was kidnapped and returned to Qatar. After being detained bysecurity forces for several months she was transferred to her family’s homein October 2003 where she remained under house arrest until October2006, when she was hospitalized following an escape attempt. At thatpoint, the NHRC, the Ministry of the Interior, and other officials steppedin to protect her and secure travel documents so that al-Thani could returnto her husband in Egypt. 25Men in Qatar have the right to divorce by verbally announcing theirintent to do so three times, a common Islamic practice found throughoutthe region. Options for women are far more limited. They may seek a judicialdivorce by citing injury caused by the husband, or they may invokekhula, a practice that permits women to obtain a divorce unilaterally uponsatisfaction of certain conditions. The first option requires that a womango before a court and satisfy one of several codified reasons for a divorce.These relate to the husband’s failure to uphold his marital duties, andmany are difficult or embarrassing to prove. They include, for example,his inability to provide adequate fiscal support, an absence lasting longerthan a year, and his contraction of a contagious disease. The second optionfor divorce, khula, is codified in Article 122 of the family law. A rapidresolution requires the husband’s consent, but if he does not agree to thedivorce, a mandatory six-month period of arbitration and reconciliation isnecessary. If the spouses still cannot be reconciled, the court may order thedivorce, though this obliges the woman to give up any right to financialsupport and return her mahr (dowry).The codification of khula, despite its restrictions, is considered a boonto women’s rights in that it provides the opportunity to escape unhealthymarriages. However, it is rarely invoked. The divorce rate in Qatar is high,with one in three marriages ending in divorce in 2007. 26 The vast majorityof these were initiated by men, and of the 971 registered divorces, only41 were khula divorces. 27 Divorce stigmatizes women more than men,both socially and psychologically, leaving them less desirable to potentialfuture husbands, potentially limiting their ability to remarry. In a societyin which women are often dependent upon their spouses for financial support,khula carries high risks for those who do not have extended familieson which to rely.