The 6 Countries Where Women Can't File for Divorce Without a Man's Approval

Afghanistan - Where Women's Rights Have Been Completely Erased

In Afghanistan, the Taliban's return to power in 2021 fundamentally changed women's access to divorce. Taliban spokesman Zabihullah Mujahid said both parties must appear before a judge to request a divorce under the Taliban's interpretation of Islamic law.

However, the reality is far more restrictive. The Taliban invalidated thousands of divorce cases that were decided during the Afghan republic in March 2023.

Women who had obtained divorces under the previous government now face serious consequences.

Thousands of Afghan women who were granted divorces without a husband's consent under the previous government now find themselves in danger under Taliban rule. Under Taliban rule, women are suddenly on the run again, fearing they could be imprisoned for adultery.

This creates a terrifying situation where women who legally divorced and remarried are now considered criminals.

Saudi Arabia - Laws Written on International Women's Day

Saudi Arabia formally enshrined male guardianship into law through its Personal Status Law, which ironically was issued on International Women's Day 2022. Saudi Arabia's first codified law on personal status, issued on International Women's Day in 2022, formally enshrines male guardianship over women, containing discriminatory provisions against women concerning marriage, divorce, and decisions about their children.

This legal framework makes it nearly impossible for women to initiate divorce without male approval.

Under Saudi law, men hold all the power in divorce proceedings. Men may unilaterally divorce their wives without condition.

The man does not need to inform his wife that he intends to divorce her, nor must she be in court for her husband to obtain a divorce decree. Meanwhile, women have no right to unilateral divorce and are subject to lengthier and more costly processes.

Women either must seek a khul' divorce, under which a man generally agrees to the divorce on the condition that a woman will pay back the full amount of her dowry, or a woman can apply to the courts for a fault-based divorce on limited grounds.

Iran - Male Guardianship From Birth to Death

Iran operates under a comprehensive male guardianship system that controls every aspect of a woman's life, including her ability to seek divorce. As in Saudi Arabia, a male guardianship system governs women in Iran, requiring women to obtain permission to marry, divorce, get custody, inherit and even travel abroad.

This system treats women as permanent dependents who cannot make fundamental life decisions without male approval.

The guardianship system in Iran is so restrictive that it even affects young girls. The legal age of marriage is 13, and girls can be married even younger if their male guardian deems it appropriate.

This creates a cycle where women who were married off young by guardians cannot escape those marriages without the same guardian's permission. The system effectively traps women in unwanted marriages with no legal recourse.

Yemen - Conflict and Traditional Islamic Law

Yemen presents a complex case where ongoing conflict has made women's rights even more precarious. The country follows traditional Islamic law interpretations similar to other Gulf states.

Over 65% of all marriages in Saudi Arabia and Pakistan are endogamous and consanguineous arranged marriages; more than 40% of all marriages are endogamous and consanguineous in Mauritania, Libya, Sudan, Iraq, Iran, Jordan, Syria, Yemen, Kuwait, UAE and Oman. These arranged marriages often make it extremely difficult for women to seek divorce.

The ongoing humanitarian crisis in Yemen has made women's legal situation even more desperate.

The 2012 World Economic Forum annual gender gap study finds 17 out of 18 worst performing nations include Yemen among Organization of Islamic Cooperation (OIC) members. With limited access to courts and legal representation, women in Yemen face enormous barriers to accessing divorce proceedings even when they theoretically have some legal grounds.

Syria - War-Torn Legal System

Syria's legal system has been severely compromised by over a decade of civil war, but even before the conflict, women faced significant restrictions in divorce proceedings. Nations with very high rates of domestic violence and limited legal rights include Syria, Pakistan, Egypt, Morocco.

The breakdown of civil institutions has made it even harder for women to access legal remedies for abusive marriages.

The country's interpretation of Islamic law requires women to prove specific grounds for divorce, often requiring male testimony or approval. More than 40% of all marriages are endogamous and consanguineous in Mauritania, Libya, Sudan, Iraq, Iran, Jordan, Syria, Yemen, Kuwait, UAE and Oman.

These family arrangements often mean that women seeking divorce face opposition not just from husbands but from entire extended family networks.

Pakistan - Legal Reforms vs. Traditional Practice

Pakistan presents an interesting case where legal reforms have been implemented but traditional practices persist. Countries that have abolished instant 'Triple Talaq' divorces include Pakistan, Egypt, Tunisia, Sri Lanka, Bangladesh, Turkey, Indonesia, Iraq and India.

However, despite these legal changes, women still face significant barriers in rural areas and conservative communities.

The gap between law and practice in Pakistan is substantial. In some Islamic courts, men can choose to divorce women without need for a justification, while women need to provide proof for the reason for ending the marriage.

This creates a system where women must navigate complex legal requirements while men face fewer obstacles. As of 2005, 16% of Pakistani women were "economically active" (either employed, or unemployed but available to furnish labor).

This economic dependence makes it even harder for women to pursue divorce proceedings.

The Philippines - A Unique Case Study

While not strictly requiring male approval for divorce, the Philippines deserves mention as it remains one of only two countries worldwide where divorce is illegal for most citizens. Other than Vatican City, the Philippines is the only country in the world where the majority of citizens cannot legally divorce.

This forces women into a system where they must seek expensive annulments or live in legal limbo.

The situation in the Philippines shows how legal restrictions can effectively trap women in unwanted marriages. Filipino couples wishing to separate have two options: File for legal separation, which permits spouses to live apart without legally terminating their marriage, or pursue an annulment.

The latter process is often costly and demands proof that the marriage was invalid. While this doesn't technically require male approval, it creates practical barriers that often force women to remain in abusive situations.

Religious Courts and Male Testimony

Across these countries, religious courts play a central role in divorce proceedings, often requiring male testimony or approval. In some Islamic courts, divorce is a right for both men and women.

Despite that, men can choose to divorce women without need for a justification, while women need to provide proof for the reason for ending the marriage. This creates an inherently unequal system where women must justify their desire to end a marriage while men face no such requirements.

The interpretation of Islamic law varies significantly between countries and even between different schools of thought.

The Islamic laws concerning divorce can also differ between the Shia and the Sunni courts. For instance, according to Sunni law, the man has the right to divorce without any witness; while in the Shia court, at least two witnesses are required.

However, in all these interpretations, women face greater restrictions than men.

Economic Barriers to Divorce

Beyond legal restrictions, economic factors create additional barriers for women seeking divorce. A woman can request a divorce based on khul', by which her husband consents to the divorce in exchange for compensation.

The compensation may be that she returns money or other goods provided by the groom or his family when they married (her mahr), or a piece of property of similar or equal value. This system requires women to essentially buy their freedom, often at significant financial cost.

The economic dependence of women in these societies makes divorce proceedings even more challenging.

The Middle East and North African region ranks lowest on economic participation, employment opportunity and the political empowerment of women. Ten countries with the lowest women labour force participation in the world—Jordan, Oman, Morocco, Iran, Turkey, Algeria, Yemen, Saudi Arabia, Pakistan and Syria—are Islamic countries.

Without economic independence, women cannot afford the legal costs associated with divorce proceedings.

International Law and Human Rights Violations

These restrictive divorce laws violate international human rights standards. Divorce is acknowledged under international human rights law as a means to safeguard families, children, and women while eliminating discrimination.

By denying the Filipino population the option to dissolve marriages, the Philippines appears to be in violation of these established international standards. The same principle applies to countries that require male approval for divorce.

International courts are beginning to recognize these violations.

In January, the International Criminal Court (ICC) issued arrest warrants for Taliban Leader Haibatullah Akhundzada and Chief Justice Abdul Hakim Haqqan over persecution on gender grounds, a crime against humanity under the Rome Statute. This represents a growing international consensus that systematic denial of women's rights, including divorce rights, constitutes a form of persecution.

The Human Cost of Restrictive Laws

The impact of these restrictive laws extends far beyond legal technicalities. There were continued reports of a sharp increase in gender-based violence as well as forced and early marriage.

Between January 2022 and June 2024, Afghan Witness recorded 840 incidents of gender-based violence against women and girls, including 332 killings. When women cannot escape abusive marriages through legal divorce, they face escalating violence with no legal recourse.

The psychological impact is equally devastating.

Many women blame the outside world for their vanishing freedoms, saying "The silence of the world over the last three years will go down as a dark chapter in history." The Taliban will keep using religion as a weapon against women. This sense of abandonment and helplessness affects millions of women trapped in legal systems that deny them fundamental rights.

Resistance and International Pressure

Despite these oppressive laws, women continue to resist and seek change. Prominent feminist campaigns include the Women to Drive Movement and the anti male-guardianship campaign, which have led to significant advances in women's rights.

However, these movements face severe repression, with activists often imprisoned or worse.

International pressure is mounting on these countries to reform their laws. Member States were near-unanimous in expressing their concern about the Taliban's new edict, calling for its immediate reversal.

However, meaningful change requires sustained international pressure and support for local women's rights movements. The question remains whether diplomatic pressure can overcome deeply entrenched legal and cultural systems that deny women basic human rights.

Conclusion

These six countries represent some of the most restrictive legal systems in the world when it comes to women's divorce rights. From Afghanistan's complete erasure of women's legal rights to Saudi Arabia's codified male guardianship system, millions of women find themselves trapped in marriages they cannot legally escape without male approval.

The situation has worsened in recent years, particularly in Afghanistan, where the Taliban's return to power has reversed decades of progress.

The international community faces a choice: continue with diplomatic approaches that have failed to protect women's rights, or take more decisive action to support the millions of women trapped in these legal systems. As one Afghan woman noted, seeing the hair of a girl is considered a sin by the Taliban, but starving an entire population is not.

How many more women must suffer before the world takes meaningful action to protect their fundamental human rights?

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