Aisha, from Tobruk, in far eastern Libya, only gave her first name and asked not to any details that might reveal her real personality. She also asked that her picture not be published.  “A divorced woman in Libya is a victim of a society that has no mercy,” she said. “If a divorced woman appears in the media, this will be considered an unforgivable crime.” 

Aisha, from Tobruk, in far eastern Libya, only gave her first name and asked not to any details that might reveal her real personality. She also asked that her picture not be published.  “A divorced woman in Libya is a victim of a society that has no mercy,” she said. “If a divorced woman appears in the media, this will be considered an unforgivable crime.” 

Aisha always dreamed of marrying a man who would change her life and bring an end to her feelings of loneliness. She wanted to get married before getting too old but as she got older, she did not find such a “favorable” man.

The man approached Aisha’s father, who knew him and who considered her marriage to a person who works in the same profession as his, as a profitable deal and as one of his own deals. Aisha’s father did not ask her for her opinion and she had nothing to say about this marriage. Given her age, however, Aisha figured she should accept it. 

Life is impossible

The wedding took place and Aisha started her new life. Instead of living a happy and stable life, her husband wanted her to be the maid of the house and not a partner and a loving wife. She became like any piece of furniture in the house, she said. 

“I refused these realities and my husband was not happy with my attitude,” she said.  “Our whole life changed and my husband started to act as an executioner. He beat me for no reason,” she said. 

Physical abuse was enough reason for Aisha to leave her husband’s house and return to her father’s house. The father did not understand the degree of his daughter’s suffering and forced Aisha to return to her husband. In the end, Aisha filed for divorce because of her husband’s severe beatings and their miserable marriage. 

The absence of evidence

Aisha said the judge asked her to present evidence that her husband beat her. “He asked me to bring two eye witnesses who would be ready to take the oath that they saw me being beaten by my husband or to bring a report from a legally qualified body, which proves that I was beaten.  He told me that if I didn’t submit this evidence my case would be dropped.”    

“How could I bring two witnesses when I live alone and when I am stuck in a room with four walls?” Still, although she didn’t have the required evidence, Aisha was determined to get a divorce. 

She insisted on her claim although she couldn’t prove the harm done to her. The judge, who realized that Aisha insisted on the divorce, gave her one anyway, but he deprived her of all of her rights to alimony. 

A big increase

In the first 10 months of 2013, there were 390 divorce cases in Tobruk, a city with a total population of 120,000 according to a 2011 census.

In most of the cases, and because it is usually difficult to bring witnesses and evidence, most of the divorce cases end when reconciliation is reached, upon which the woman gets a divorce in return for abandoning all her rights.  If the woman brings evidence, she can protect all her financial rights, especially if she has children. 

Nizar al-Jali, a lawyer, said: “The Libyan law and its amendments, with regard to marriage and divorce provisions, is sound, and there are no gaps in it which make justice stumble, especially after the abolition of the polygamy law.”

“The general rule is that the law does not protect the fools. Accordingly, if a woman postpones filing a lawsuit against her husband after she has been beaten by him, and if the scars disappear, then it is the responsibility of the woman because she didn’t take any action on the right time. When the scars disappear then the justification for the lawsuit will disappear too.” 

Many reasons

Dr. Salima Abdalla, a professor of family sociology and the head of the Sociology Department, Tobruk Faculty of Arts, believes there are several reasons for divorce. “Some are personal and relate to the different cultural backgrounds of the couples, which create a lack of understanding between the two. There are also social reasons and the age gap between the two.”

“Drinking alcohol and the use of drugs by husbands is another major reason, in addition to problems of infertility and childlessness.  Moreover, the housing problems and the low income of the spouse are among the major reasons for divorce.”

Abdallah said divorce not only had an impact on society, the family and children, but also made divorced women withdraw from their social lived and lose hope of marrying again, especially when they have children. 

Abdallah stressed the need to expand the scope of welfare programs and social assistance to remove the financial causes that threaten families.