Divorce for Desertion (Hajr): How Is It Proven?
Desertion (hajr) is the husband's refusal to cohabit with or communicate with his wife for a long period without reason. The law considers it harm justifying divorce if it results in psychological or material harm. It is one of the common reasons in divorce cases. The court verifies the extent of the desertion's impact on the wife.
1) **Meaning of Desertion Legally**
Desertion (hajr) is the husband's refusal to cohabit with or communicate with his wife for a long period without reason. The law considers it harm justifying divorce if it results in psychological or material harm. It is one of the common reasons in divorce cases. The court verifies the extent of the desertion's impact on the wife.
2) **Accepted Duration of Desertion**
The law does not specify a specific duration, but the lawsuit is often accepted if the desertion exceeds several months. The court assesses the impact of the desertion on the wife. It may consider a shorter period if the harm is severe. Intentional desertion is a strong reason for divorce.
3) **Proving Desertion Before the Court**
Desertion is proven through messages, testimonies, or police reports. It can also be proven through the husband's absence from the home for long periods. The court verifies the seriousness of the claim. It may seek the help of a social expert to assess the situation. The clearer the evidence, the faster the judgment.
4) **Effect of Divorce for Desertion on Rights**
It entails financial rights for the wife, and the husband may be obliged to pay overdue alimony. The divorce here is often final (ba'in). Desertion may also affect custody if the husband is uninterested in the children. The court monitors the husband's commitment after the divorce.
5) **Effect of Desertion on Children**
Desertion may cause psychological disturbance to children if the father is completely absent. Therefore, the court gives priority to the present custodian. Visitation may be organized in a way that suits the child's best interest. The court monitors the father's behavior after the divorce.
6) **Role of the Legal Consultant**
The legal consultant gathers the evidence and presents it convincingly. He also determines the most appropriate type of lawsuit. He ensures the wife receives all her financial and legal rights. He provides a legal plan to expedite the ruling.
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