But many of the refugee women in question have taken advantage of their new lives in western, secular societies to ask for divorce – often from abusive husbands they had to marry as young girls. They had not been forced to marry the men for religious reasons but often because they came from rural backgrounds where patriarchy (and patriarchal interpretations of Islam) were predominant. The personal status laws in most Arab countries also often deprive women of basic rights such as alimony or custody of their children after divorce.
But patriarchal laws are not the main reason for Syrian women’s silence and acceptance of the status quo when in their homeland. The concept of ‛ayb (shame) rather than the concept of haram (religiously forbidden), has often governed these women’s behaviour. For example, while ‛isma (an additional clause in the marriage contract allowing women to initiate divorce) is permissible in Islam, it is socially frowned upon in most Muslim communities. Women who have such a clause in their marriage contract are often seen as morally and sexually suspect. [...]
This phenomenon is not unique to Syrian refugees in Germany. It can also be observed in Sweden, where Syrian women have been increasingly empowered by the feminist policies of the Swedish government. They also started demanding separation from abusive husbands they had to marry as young girls. [...]
The Syrian government itself has seemingly recently realised its laws are problematic and amended the Syrian Personal Status laws in February 2019. The amendments included more than 60 legal articles. They not only raised the age of marriage, and granted women custody of their children after divorce, but also gave all Syrian women ‛isma – the right to petition for divorce without anyone’s permission.
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