Palestinian women in Gaza face legal hurdles for divorce

Women in Gaza are being forced to sacrifice their rights to obtain a quick divorce, in order to avoid lengthy court proceedings, due to legal complications. Suhair Al-Bardouni, from Gaza City, was trying to take care of her four children in the Nusseirat camp in central Gaza, while war raged around her. She survived, but her 10-year marriage did not. The 30-year-old Al-Bardouni said that after the war started in 2023, disputes between her and her ex-husband intensified, as the pressure of just living in Gaza was also affecting their relationship.

However, Al-Bardouni faced a dilemma. Israel's war on Gaza has destroyed many parts of the Palestinian territory's administrative structure, including the judicial system. To obtain a formal divorce from court and claim her financial rights, which she was entitled to, Al-Bardouni had to go to a Sharia court to prove her case. According to her, she started the legal process in February 2025, but the war caused delays in the judicial process and the case dragged on.

Therefore, Al-Bardouni opted for the relatively faster route available to her - khul', or a divorce requested by the wife, which in some cases requires the woman to relinquish her financial rights. In her case, this meant she returned her dowry to her ex-husband and also waived the financial support she was legally entitled to. Al-Bardouni said, "I gave up everything because it would be extremely difficult to obtain my rights under these circumstances. I just wanted to find peace and start a new life, away from all the experiences of this period."

Al-Bardouni's story reflects the experience of many women in Gaza, who are trapped between delayed legal cases and limited access to the judicial system due to the war. This situation has also suspended decisions that determine their future, until conditions allow the courts to function fully. Some family cases, including divorce cases, have reached Gaza's Sharia courts, where such cases are heard.

According to Sheikh Hassan Al-Juju, head of the Supreme Council for Sharia Justice in Gaza, the courts have handled more than 8,700 divorce cases from the start of the war in October 2023 until the end of May. This is despite the courts facing numerous challenges, including damage to court buildings and a shortage of judges and other staff. Al-Juju said that the courts have almost returned to full judicial activity, while services continued even during periods when court buildings were closed. However, he also said that the courts are operating with extremely limited resources. Each court has only one computer, while repeated power outages, a shortage of printed materials, and a lack of basic office supplies continue to affect their work.

Al-Juju said, "Essential services for citizens, including marriage, divorce, and other legal proceedings, have not stopped. But at this stage, the priority is to continue providing services, not to improve the system." However, divorce statistics alone do not reflect the full impact of the war on families. Delays in accessing the judicial system have meant that women like Al-Bardouni have not been able to obtain their legal rights after separation, particularly regarding child custody, alimony, and other financial payments that are usually awarded to the wife.

According to Gaza lawyer Mohammed Al-Talaa, the war has severely affected the functioning of judicial institutions, resulting in thousands of postponed hearings and suspended cases. He added that Israeli bombing and the destruction of offices have also destroyed thousands of files and documents, making it difficult to prove rights, especially in civil and property cases.

The suspension of the courts' enforcement departments in family cases has also deprived women of financial payments they were entitled to. Additionally, cases related to child visitation and custody have been affected, making it impossible for some parents to implement court decisions regarding contact with their children. The issues are not just legal in nature. Al-Talaa said that the ongoing delays in divorce and separation cases have forced some women to remain in marriages they want to leave. It has also prevented them from moving on with their lives, while delays in mandatory financial payments have added to the burden on families.

The lack of decisions in child-related cases has also increased psychological pressure on all parties involved, who are already suffering from the trauma of the war. Suad Al-Naemi was also not willing to be stuck in this uncertain situation, so she decided to get a divorce through khul', even if it meant giving up the rights she could have obtained if she had gone through the court.

The 22-year-old Al-Naemi had been married for only five months, but after differences with her ex-husband escalated, she left the house. Al-Naemi said, "I never imagined that my married life would start like this. I had hoped that we would have our own home and a stable life, but being homeless and living in a tent made everything more difficult." For this young woman, the possibility of a new beginning was more important than a lengthy court case, amidst the destruction surrounding her in Gaza.

Al-Naemi said, "Giving up my rights was not an easy decision, but I felt that getting involved in a long legal process and waiting for years would only add to my suffering. I just wanted to end the differences and start my life again, because maintaining a troubled relationship in these circumstances would be even more difficult than the decision to separate."