Oh yeah,the Chand-Fiza love story(read high voltage drama) has made a breakthough by Chand ranting Talaq over Phone.. Earlier,there had been a report that the number of Phone-divorces and SMS- divorces are on an increase in India..Bravo Indian Muslim men,go ahead and divorce your wife..not as Allah told you,but as Mullah told you..
Duh,what a cliché- Phone/SMS divorce!! Aren’t the mullah’s smart enough to reform Sharia to suit their horny and chuvanistic needs?? But oh well,all you women stay away and don’t ask for any reform because if you do so,you are out of fold of Islam ,its just men who can add and subtract and divide and mutiply. Men can vomit words ‘Talaq talaq talaq’ and get away from women but a woman has to undergo a cumbersome and tiring procedures to get one,too much of justice and fairness uh?
Triple talaq is banned in almost all countries,even in those nations that have majority muslims and those that are branded ultra conservative and most of them have polygamy either prohibitted or highly contolled through legal and administrative procedures…But oh well,India is a free nation and ‘holy’ men in Muslim board are holier than the rest in almost all parts of the world and hence they are very particular that they stay smart than the rest. Allah has laid down clear cut rules and procedures for divorce,though Talaq is the most hated one and only to be resorted to as a last choice. But oh well, Indian mullahs don’t care much for Allah,actually,they are more smart than Allah,so they put up their own rules and imposed it on wormy-women like me. I wonder how many among muslims know that they are not following Allah’s Islam, but Mullah’s Islam..
I don’t want to ruin my mood and waste my time over such shitty people.But neither can I let go it just like that ,as it affects millions of women like me. Men who divorce through phone or SMS are better got ridden off ,as they are not worth anybody’s time and love and care. Is there a way I can get out of this CURRENT FORM of Sharia and be someone under common law? If even after 60 years,so called scholars can’t make it right,I don’t expect them to do it anytime . Shame on all you so called moderate or enlightened muslims.Shame on all you muslim men who watch and enjoy the show.May all of you burn in hell,always ,for not speaking up against injustice and for not trying to set things right in front of your eyes. Duh,on what grounds does this grevious matter end up as a fememnst one and that only Alla India Muslim Women Board is expected to talk about it? Don’t you have mother ,sister or a daughter? If you has taken some effort to put such things right, you would have been admitted direct into heaven for jihad against injustice.. But oh well,you are not interested in reforming your own society,but is rather interested in pointing fingers ate teenage pregnancies and forcinations in America.. Live in fool’s paradise,until you make it to rotten hell…
Sorry for my crap rant,but I just can’t take it how hypocritical majority muslims are.. Now,for those who are interested, read below on how divorce is stipulated as per Allah’s words..And for all you champions of SMS/email divorce read the article that explains the legal (islamic) and moral aspects of this sort of divorce… “The Legal and Moral Dimensions of Talaq by SMS-A Critical reading..”
Divorce must be resorted to only in exceptional circumstances. The laws relating to divorce together with the relevant verses from the Quran are given below:
[4:35] If a couple fears separation, you shall appoint an arbitrator from his family and an arbitrator from her family; if they decide to reconcile, GOD will help them get together. GOD is Omniscient, Cognizant.
- Wait 4 months cooling off before divorce
[2:226-227] Those who intend to divorce their wives shall wait four months (cooling off); if they change their minds and reconcile, then GOD is Forgiver, Merciful. If they go through with the divorce, then GOD is Hearer, Knower. If the estranged couple chooses separation they must go through with it equitably.
There must be two equitable witnesses witness the divorce before GOD
[65:2] Once the interim is fulfilled, you may reconcile with them equitably, or go through with the separation equitably. You shall have two equitable witnesses witness the divorce before GOD. This is to enlighten those who believe in GOD and the Last Day. Anyone who reverences GOD, He will create an exit for him.
- Divorced women to observe an interim period
[2:228] The divorced women shall wait three menstruations (before marrying another man). It is not lawful for them to conceal what GOD creates in their wombs, if they believe in GOD and the Last Day. (In case of pregnancy,) the husband’s wishes shall supersede the wife’s wishes, if he wants to remarry her. The women have rights, as well as obligations, equitably. Thus, the man’s wishes prevail (in case of pregnancy). GOD is Almighty, Most Wise.
[65:4-5] As for the women who have reached menopause, if you have any doubts, their interim shall be three months. As for those who do not menstruate, and discover that they are pregnant, their interim ends upon giving birth. Anyone who reverences GOD, He makes everything easy for him. This is GOD’s command that He sends down to you. Anyone who reverences GOD, He remits his sins, and rewards him generously.
- Exception for observing interim period
[33:49] O you who believe, if you married believing women, then divorced them before having intercourse with them, they do not owe you any waiting interim (before marrying another man). You shall compensate them equitably, and let them go amicably.
After the fulfilment of the interim the divorced women is free to do whatever she wants Although the following verse is in context of widows, it appears to be applicable to a divorcees too.
You Shall Observe the Pre-Marriage Interims
[2:234] Those who die and leave wives, their widows shall wait four months and ten days (before they remarry). Once they fulfill their interim, you commit no error by letting them do whatever righteous matters they wish to do. GOD is fully Cognizant of everything you do.
[2:235] You commit no sin by announcing your engagement to the women, or keeping it secret. GOD knows that you will think about them. Do not meet them secretly, unless you have something righteous to discuss. Do not consummate the marriage until their interim is fulfilled. You should know that GOD knows your innermost thoughts, and observe Him. You should know that GOD is Forgiver, Clement.
- Divorced women have to be provided for.
This is probably one of the abused laws in the Quran. But God holds us responsible for our innermost thoughts. If one observes God’s laws then God makes it easy for him / her.
[65:7] The rich husband shall provide support in accordance with his means, and the poor shall provide according to the means that GOD bestowed upon him. GOD does not impose on any soul more than He has given it. GOD will provide ease after difficulty.
- Alimony For Widows and Divorcees
[2:240] Those who die and leave wives, a will shall provide their wives with support for a year, provided they stay within the same household. If they leave, you commit no sin by letting them do whatever they wish, so long as righteousness is maintained. GOD is Almighty, Most Wise.
[2:241] The divorcees also shall be provided for, equitably. This is a duty upon the righteous.
- Compensation when marriage is not consummated
Breaking the Engagement
[2:236] You commit no error by divorcing the women before touching them, or before setting the dowry for them. In this case, you shall compensate them – the rich as he can afford and the poor as he can afford – an equitable compensation. This is a duty upon the righteous.
[2:237] If you divorce them before touching them, but after you had set the dowry for them, the compensation shall be half the dowry, unless they voluntarily forfeit their rights, or the party responsible for causing the divorce chooses to forfeit the dowry. To forfeit is closer to righteousness. You shall maintain the amicable relations among you. GOD is Seer of everything you do.
- Divorced women entitled to stay in the same house she stayed before divorce
Do Not Throw the Divorcees Out Onto the Streets
[2:231] If you divorce the women, once they fulfill their interim (three menstruations), you shall allow them to live in the same home amicably, or let them leave amicably. Do not force them to stay against their will, as a revenge. Anyone who does this wrongs his own soul. Do not take GOD’s revelations in vain. Remember GOD’s blessings upon you, and that He sent down to you the scripture and wisdom to enlighten you. You shall observe GOD, and know that GOD is aware of all things.
[65:6] You shall allow them to live in the same home in which they lived with you, and do not make life so miserable for them that they leave on their own. If they are pregnant, you shall spend on them until they give birth. If they nurse the infant, you shall pay them for this service. You shall maintain the amicable relations among you. If you disagree, you may hire another woman to nurse the child.
- Divorce can be retracted twice:
In other words, if the couple reconciles after the first divorce and wish to be husband and wife again, they can re-marry. This is allowed for two divorce only. If the couple divorces third time they have to observe God’s commandment in 2:230 (quoted below.) God makes it not-so-easy for the couple to divorce. This law serves as a deterrent for those who want a divorce for the third time and they would be very careful to take this step.
[2:229] Divorce may be retracted twice. The divorced woman shall be allowed to live in the same home amicably, or leave it amicably. It is not lawful for the husband to take back anything he had given her. However, the couple may fear that they may transgress GOD’s law. If there is fear that they may transgress GOD’s law, they commit no error if the wife willingly gives back whatever she chooses. These are GOD’s laws; do not transgress them. Those who transgress GOD’s laws are the unjust.
[2:232] If you divorce the women, once they fulfill their interim, do not prevent them from remarrying their husbands, if they reconcile amicably. This shall be heeded by those among you who believe in GOD and the Last Day. This is purer for you, and more righteous. GOD knows, while you do not know.
[2:230] If he divorces her (for the third time), it is unlawful for him to remarry her, unless she marries another man, then he divorces her. The first husband can then remarry her, so long as they observe GOD’s laws. These are GOD’s laws; He explains them for people who know
Also note the words “It is not lawful for the husband to take back anything he had given her.” in 2:229.
- In case there is a baby during the interim:
If during the observation of the interim period it is discovered that the divorced women is pregnant then as stated in 65:4 the interim ends upon giving birth. God has decreed the following law dealing with the infant:
[2:233] Divorced mothers shall nurse their infants two full years, if the father so wishes. The father shall provide the mother’s food and clothing equitably. No one shall be burdened beyond his ability. No mother shall be harmed on account of her infant, nor shall the father be harmed because of his infant. (If the father dies), his inheritor shall assume these responsibilities. If the infant’s parents mutually agree to part, after due consultation, they commit no error by doing so. You commit no error by hiring nursing mothers, so long as you pay them equitably. You shall observe GOD, and know that GOD is Seer of everything you do.
- Under what conditions can a woman divorce her husband.?
Whichever party chooses for divorce must obey the laws as aforesaid. Normally divorce is mutually decided by the couple. If the aforesaid laws are observed, there could be a situation where either of the spouse may not give their consent but if the arbitrators from both the families decide that divorce is the best solution for the estranged couple then they would, nevertheless go through divorce. The divorce laws are applicable to both man and woman (4:35 and 2:237 indicate this) except that there are certain additional laws which a divorced woman has to observe.
The following seem to be the only conditions where a believing women leaves her husband without observing the above laws. In fact, I think in this case even a formal divorce is not required under Quran. However if the law of the land requires a formal divorce then one must follow suit.
[60:10] O you who believe, when believing women (abandon the enemy and) ask for asylum with you, you shall test them. GOD is fully aware of their belief. Once you establish that they are believers, you shall not return them to the disbelievers. They are not lawful to remain married to them, nor shall the disbelievers be allowed to marry them. Give back the dowries that the disbelievers have paid. You commit no error by marrying them, so long as you pay them their due dowries. Do not keep disbelieving wives (if they wish to join the enemy). You may ask them for the dowry you had paid, and they may ask for what they paid. This is GOD’s rule; He rules among you. GOD is Omniscient, Most Wise.
See how men has twisted the whole system and made it ultra sexist..Is there a way out? It is for the enlightened muslims to answer this question..
p.s : The only good outcome of the whole love story episode is that some sleeping borad members have started discussing this matter..
Chand-Fiza talaq: Ulema now talk of screening
I didn’t compile the whole part so well..In fact it is taken from a website,but I am not providing the link as there are some wrong information too in the site. Internet is filled with different forms of facts,that it is hard to relaise which is right and which is wrong. The verses above can be easily verified by using a Quran translation as the verse number is provided and it is completet accurate..