The man and woman entered into an Islamic marriage in 2014. A year later, the couple separated and the woman filed for divorce. The man only wants to agree to the divorce if the woman gives gold jewelry, a wedding gift worth 4,000 euros, back to him.

The man says that the divorce may only be declared by a Sharia judge, in accordance with Islamic law, and he therefore insists that the court in Oost-Brabant has no jurisdiction. The court ruled that a judge might not be able to dissolve the marriage, but is competent to determine whether a wrongful act would be committed by refusing the woman a divorce. According to the court, this is the case.

Violation of freedoms

If the marriage continues, it would violate the rights and freedoms of the woman, states the court. The religious marriage constitutes an impediment for the woman to enter into a new relationship. Without a divorce under Islamic law, the social environment of the woman will continue to see her as a married woman. Therefore, she would risk excluding herself from her social circle at the time when she does start a new relationship.

Inferior position of the woman

The court considers that a religious marriage might facilitate an inferior position for the woman, one in which she is obliged to obey the man. This fundamental inequality between the female and male partner — which is itself already not in accordance with constitutional gender equality — continues to exist if the woman is not allowed a divorce. The woman cannot legally demand a divorce under Islamic law; only the man can, by means of repudiation (by pronouncing the Talaq).

In addition to this, the woman is at risk of an honor killing and persecution in Iraq — their country of origin — if she were to enter into a new relationship. In Iraq, this would be considered adultery, which is a criminal offense. Not allowing the woman a divorce because of financial reasons is also a wrongful act, according to the court.