4 ms·

I see 'no fault' divorce as an extension of islamic divorce law - in practical terms its not an aberration though - we'd been employing various legal fictions i

• btilly 3y ago
  Islamic divorce law allows for no fault, but is also highly asymmetric in how easy it makes it for men and women. A man can initiate a no fault divorce at any time. A woman can ask for a no fault divorce, but it is up to the husband whether to grant it. Islam is not the only no fault divorce in history. For example ancient Rome allowed for no fault divorces, on more even terms than Islam later would. It's terms were closer to modern US no fault divorces than Islam's terms are. Modern US laws are reasonably equal between men and women, and do not come from either of those sources. US law comes from the fact that in some frontier states, the uneven ratio between men and women meant that people saw no reason for an unhappy couple to remain married. If they don't want to be married, let them divorce. And let some other guy have a shot at the wife. This specifically became an issue with Nevada, because Nevada only required a 6 month residency in the state before you could get a divorce. As travel became easier, people from other states routinely took advantage of this as the easiest way to get divorced. That lasted until changing attitudes during the Sexual Revolution caused other states to start adopting similar laws. See https://renodivorcehistory.org/themes/law-of-the-land/ https://renodivorcehistory.org/themes/law-of-the-land/ for more on this.