Methods of Proof and Evidentiary Requirements in Divorce Cases: An Islamic Perspective

The bulk of Shariah Court cases nowadays involve matters pertaining to the dissolution ofmarriage. The most common ones are talaq, ta Iiq and fasakh. The reason as to why the Shariah Courts are cramm ed with these cases is not merely due to the increasing number of divorc e cases but can also be attributed to the difficulty in proving them. Today, as lifestyles become more complicated, talaq is no longer the same as talaq, previously understood. The husband 110 longer pronounces it op enly or orally. Current technology such as SMS and email has overshadowed the sanctity of talaq. The situation becomes worse when the sender, that is the husband. denies it. To obtain dissolution of marriage via ta Iiq or fasakh, in most cases, has proved to be a nightmare. There are many causes that contribute to it; ranging from the complexity of the subject itself, the provisions of the law and how to apply them. misconception on th e methods of proof, and th e wrong imposition ofburden ofproof Due to all these factors. it is simply concluded by one section of the society as gender discrimination and sometimes the blame has been put on the Shariah Court itself. This paper intends to provide some sugges tions and solutions to the problems mentioned above. It is hoped that the courts and those involved in legal suits would be ready to accept the wider concept of evidence without confining themselves merely to the requirements oftwo male witnesses.