AMMAN, Jordan — After years of marital disputes, Mary learned that her Christian husband, Michael, had filed for divorce. Mary was surprised when at the same time, he announced his conversion to Islam. It was a calculated decision. According to Article 172 of Jordan’s Personal Status Law, a Muslim father automatically gets custody of children ages seven and above when divorcing a Christian woman. Mary (not her real name) told Al-Monitor that her three children, ages 7, 14 and 16, currently live with her ex-husband and she cannot raise them because she is Christian.
A Nov. 16 investigative article by veteran journalist Nadine Nimri for the online magazine 7iber triggered public debate in Jordan about the plight of Christian women whose husbands convert to Islam before divorcing them for the specific purpose of obtaining guardianship of their children and side-stepping church courts’ jurisdiction.
“The law should deal with all citizens as equals,” Nimri told Al-Monitor. “[The Jordanian courts] just assume that the best interests of the child are to be with his Muslim father. This is another form of discrimination.” Unlike Christian women, Muslim mothers are provided the option of guardianship of their children above the age of seven in cases of divorce. Approximately 180,000 Christians live in the Hashemite Kingdom, which is more than 95% Muslim.
While a man who converts to Islam and divorces his wife is easily able to remarry, a Christian divorcee seldom has the same freedom. The Jordanian Catholic courts rarely recognize divorces conducted by Shariah court judges, in essence keeping Christian women chained in a marriage that no longer exists. Only when Mary switched from Catholicism to Greek Orthodoxy did a church judge finally grant her a divorce in 2015, two years after her husband divorced her in a Shariah court.
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