Posts Tagged ‘ triple talaq ’

The drama of divorce over phone,email and SMS..

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:

  • Appoint an arbitrator

[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..

Proposed Kerala Muslim Marriage bill-A great step towards a noble cause

In a progressive and bold step towards the reform of Muslim Personal Law, the Kerala Law Reforms Commission has drafted a bill which will curb and check the practices of polygamy and divorce through Talaq among Muslims in the state.

 

 

Essentially neither is it a bill with radical stand nor is it revolutionary in terms of its features. In fact almost all of its features are there in the Shariah law. For instance it doesn’t ban polygamy nor does it ban the concept of talaq among Muslims. The only thing that it does that it tries to regulate the indiscreet marriages and divorces in the community.

 

 

One has to understand that the legal issues related to Muslim personal laws like that of divorce, marriage, inheritance are usually dealt with by the respective Shariah bodies. There is no mechanism in Shariah framework (as it is being practically implemented in India) where the people who violate the Shariah laws are held accountable to their misdeeds and punitive measures are applied to them.So if a person remarries or misuses the provision of talaq he can and in most of the cases, he does easily get away with this because there is no effective mechanism in the existing Shariah based Muslim Personal Law Board which could ensure that he is punished as per the existing punitive measures available in the Shariah.

 

 

The Indian Constitution doesn’t provide the organizations like Muslim Personal Law Board (who claim to have the exclusive rights of representation of personal law related issues of Indian Muslims) legal legitimacy. So this Bill seeks to address the implementation of the punitive aspect in the cases of all the discreet remarriage and divorces

 

 

The draft Bill titled “The Kerala Muslim Marriage and Dissolution by Talaq (Regulation) Bill” seeks to legislate that ‘monogamy shall be the rule’ and that ‘marrying again during the lifetime of husband or wife is an offence.’ However, the proposed Bill provides for remarriage by husband in exceptional cases “with the (wife’s) consent in writing before a notary public or a judicial officer expressing her consent to the second marriage and briefly giving her reasons for the consent.”

 

 

The Law Reforms Commission’s proposed law aims to “declare that, among the Muslims in Kerala, monogamy is the general rule and polygamy a just exception, permissible only in socially exceptional circumstances and that also subject to compassionate conditions, and to provide further that divorce by talaq can be effected only subject to special conditions.” It wants that “if any married Muslim, man or woman, marries again during the subsistence of the first marriage, the party who violates shall be guilty of bigamy under the Indian Penal Code and punishable as such.”

 

 

The proposed law makes it mandatory that all Muslim marriages and divorces be registered with the local registrar of marriages. The most important provision in the proposed law is the constitution of a ‘conciliation council,’ to be set up in each district, to regulate Muslim remarriages and divorces. The council, to be set up by the State government, will have a retired district judge or magistrate from the Muslim community as its head.

 

 

The man, permitted to take a second wife, “shall be liable to provide reasonable accommodation and privacy as well as just alimony or maintenance sufficient for the wife to sustain herself in reasonable comfort.”The proposed law also says that marriage of Muslim shall be contract. It also says that “the female spouse shall be entitled to divorce only through court or with the approval of the conciliation council on grounds of irretrievable breakdown irreparable by conciliation

 

 

It has sought a variety of responses from the Muslim community be it the common masses or its intellectual class. Moreover it has created a debate in the community to ponder over the effects of polygamy and talaq on the community.

 

 

The bill has sought positive responses almost from all the women’s activists across the religious, political and ideological divides. They have been pitching for the bill and mobilizing forces to pressurize the government to legislate the bill.

 

 

According to Febeena Seethi, the president of Kerala Women’s Front, polygamy is a double edged sword in the sense that it can be useful but it can also be a way to exploit women. Usually it becomes a way of exploitation of women where their lives are made miserable because of it. “There should be a women and a religious scholar in the conciliation councils.” She explained that the representation of women and a religious scholar is very important. The religious scholar will help in avoiding any kind of controversy and the woman member will .

 

 

A big section of all the people who support the Bill feel that it is high time that reform must happen in the Muslim Shariah law or Muslim Personal Law. So their support of the bill can be seen as motivated by an effort to bring about some kind of balance between the Shariah laws and changed circumstances of the modern times. Likewise Dr. Feebina also expressed an urgent need for the reforms in the Muslim Personal Laws.Finally she pointed out that it has been experienced that legislations alone have never been sufficient to control some practice or any person. For instance – dowry. Since the first legislation on Dowry many more laws have been made but only to increase the number of dowry cases.

 

 

The misuse of Talaq and polygamy can only be stopped with a change in the attitude of men and for this we need a war like campaigning against the both practices by every medium and every suitable platform. Dr. Seethi also pointed out that almost every woman’s organization has supported the bill.As far as most of the Muslim organizations are concerned they favor the bill in some cases with few suggestions and concerns to be addressed and included in the bill. So to a large extent there is no opposition to the Bill, in fact he went on to the extent of saying people have hardly opposed the bill on religious grounds at least. The reason is that today most of the progressive organizations want the reform in the Shariah Laws.

 

There hasn’t been any strong opposition to the bill as such except by few orthodox Muslim organizations like Samastha Kerala Jamiatul Ulama and Kerala Jamiatul Ulama. Both these organizations are completely rejecting the Bill. They have termed it as interference in the Shariah Laws by the secular Indian law.But their opposition also is complicated by the fact that their office bearers and some leaders have supported the Bill individually. In their religious lectures these people have accepted the problems created by the polygamy and expressed the need for the law to check those problems as pointed out by Mr. M Ebrahim of the Madhyamam daily.

 

 

As far as the coverage of this issue by the mainstream media in Kerala is concerned, Mr. Shareef refers to a very dangerous precedent; which is to sensationalize and controversialize every issue related to Muslims even if the issue is very simple.

 

So in spite of the fact there hasn’t been a strong opposition to the Bill by the Muslims in the state except few orthodox organization, instead of highlighting the moderate voices media is trying to pick up the few voices of opposition to the Bill and portray the whole community as backward and non-progressive.

 

 

People in the Sunni Cultural Centre pointed out that the main reason for the opposition by A.P. Aboobaker Musliar (yeah,the same old guy whom we discussed here) is the fact that for them the bill seems to be an attempt to encroach and “interfere” in the area which otherwise has been the exclusive domain of the Muslim religious bodies like All India Muslim Personal Law Board.They accept that there should be reforms in the Shariah laws but that reform should be initiated from within the Shariah law and by people in who are expert in the Shariah laws: because they want the reforms to be essentially within the framework of Islamic Shariah.

 

 

A very interesting answer to the argument of the Shariah bodies lies in the fact that in several Muslim countries triple talaq has been banned or restricted.

 

 

And what the Muslim women’s rights and progressive sections of the community like Dr. Feebina Seethi say is that the Muslim bodies on the Shariah laws have been hearing the calls for reforms since a very long time but they haven’t yet come up with any kinds of plan and strategy for the reforms in the Shariah laws which is actually one of the most important demands of the modern times.So when there is no hope of reform from within the clergy fraternity then the bill represents a saner and sensible attempt to bring about that reform.

 

Resources:

http://www.twocircles.net/

http://www.outlookindia.com/pti_news.asp?id=630467

 

 

 

P.S

 

I didn’t write this article..I just gathered information from different sources,from links provided.All I intend is to spread the word..Thanks for reading and Good day to o all..