User:Lehrasap/Sandbox 1: Difference between revisions

Jump to navigation Jump to search

User:Lehrasap/Sandbox 1 (view source)

Revision as of 15:30, 20 October 2021

1,022 bytes removed ,  20 October 2021
m
no edit summary
mNo edit summary
mNo edit summary
Line 14: Line 14:
*Only in case if husband breaks any part of her body (like bones), then she gets the right to go to the court, and get her freedom. But she still has to pay the ''''ransom money'''<nowiki/>' to her husband, even in case if he broke her body part.
*Only in case if husband breaks any part of her body (like bones), then she gets the right to go to the court, and get her freedom. But she still has to pay the ''''ransom money'''<nowiki/>' to her husband, even in case if he broke her body part.


Moreover, Khul' is often mixed up with the 'Faskh' (فسخ) of Nikah, although both of them are two different things.
Moreover, Khul' is often mixed up with the 'Faskh' (فسخ) of Nikah (i.e. dissolution of marriage), although both of them are two different things.


In 'Faskh':
In 'Faskh' (i.e. dissolution of marriage):


*A women gets the right to go to the court, and get her freedom 'without paying' any 'ransom money'.
*A women gets the right to go to the court, and get her freedom 'without paying' any 'ransom money'.
*But Faskh could take place only in few special cases (like impotency, or if he doesn't pay her the maintenance money, or if he has became insane, or if his whereabouts are not knows).
*But Faskh could take place only in very few special cases (like impotency, or if he doesn't pay her the maintenance money, or if he has became insane, or if his whereabouts are not known).
*Nevertheless, Islam critics point out that Islamic Faskh is also an injustice towards the woman, while even in the above mentioned special cases, Islam still compels her to wait for several years to get her freedom and she suffers unilaterally.
*Nevertheless, Islam critics point out that Islamic Faskh is also an injustice towards the woman, while even in the above mentioned special cases, Islam still compels her to wait for several years to get her freedom and she suffers unilaterally during all this period.


==Quranic Verse about the Khul'==
==Quranic Verse about the Khul'==
Line 63: Line 63:
{{Quote|[https://web.archive.org/web/20211011105923/https://islamqa.info/en/answers/21592/ruling-on-asking-for-a-divorce-from-a-husband-who-has-some-medical-problems Fatwa Website Islam Question and Answer]|With regard to the man’s sterility, i.e., his inability to father children, this is not counted as a fault that would necessitate annulment of the marriage, according to the majority of scholars, apart from the view of al-Hasan al-Basri, and Shaykh al-Islam Ibn Taymiyah}}
{{Quote|[https://web.archive.org/web/20211011105923/https://islamqa.info/en/answers/21592/ruling-on-asking-for-a-divorce-from-a-husband-who-has-some-medical-problems Fatwa Website Islam Question and Answer]|With regard to the man’s sterility, i.e., his inability to father children, this is not counted as a fault that would necessitate annulment of the marriage, according to the majority of scholars, apart from the view of al-Hasan al-Basri, and Shaykh al-Islam Ibn Taymiyah}}


On the other hand, if woman is infertile, then according to Islam, he could right away divorce her as Umar Ibn Khattab divorced his wife for this fault<ref>[https://web.archive.org/web/20211010131320/https://www.islamweb.org/en/fatwa/93808/the-status-of-the-barren-women-in-islam]</ref>  
Islam critics point out that on the other hand, if woman is infertile, then according to Islam, he could right away divorce her as Umar Ibn Khattab divorced his wife for this fault<ref>Umar Ibn Khattab divorced his wife due to the fault of her being infertile.[https://web.archive.org/web/20211010131320/https://www.islamweb.org/en/fatwa/93808/the-status-of-the-barren-women-in-islam]</ref>.


==Women who seek their freedom through Khul’ are hypocrites & will not  enter the paradise==
==Women who seek their freedom through Khul’ are hypocrites & will not  enter the paradise==
Line 76: Line 76:
Islam critics point out that as compared to the woman, if a husband divorces his wife while he dislikes her or without any harm, then he will not become a hypocrite, and he will not get a problem in entering the paradise for this same action.  
Islam critics point out that as compared to the woman, if a husband divorces his wife while he dislikes her or without any harm, then he will not become a hypocrite, and he will not get a problem in entering the paradise for this same action.  


== Faskh فسخ (i.e. dissolution of marriage), and the unilateral women's sufferings: ==
In 'Faskh' (i.e. dissolution of marriage):


===Muslim women should ask these questions from themselves:===
*A women gets the right to go to the court, and get her freedom 'without paying' any 'ransom money'.
If you are a Muslim woman, then please ask this question from yourself:
*But Faskh could take place only in very few special cases (like impotency, or if he doesn't pay her the maintenance money, or if he has became insane, or if his whereabouts are not known).
 
*Nevertheless, Islam critics point out that Islamic Faskh is also an injustice towards the woman, while even in the above mentioned special cases, Islam still compels her to wait for several years to get her freedom '''and she suffers unilaterally during all this period'''.
*If you were there in place of Allah, and you had to make the laws, would you have made such a law like Khul’ for the women?
*Do you really consider that such an “Unjust” law like Khul’ could be made by the divine owner of Wisdom?
*Do you accept this blame that only women are emotional, and thus unable to decide themselves for their lives?
*Do you find it fair that even in case of differences and disputes, and despite having a strong desire to separate, still it is the husband who will decide for you if divorce is good for you or not?
*Don’t you realise that this thing which is called “Allah”, does not give the right of freedom to you while he thinks that woman is a creature with “lower Intelligence Level” as compared to the man?
*Don’t you feel that these unjust laws like Khul’ are not made by any Divine God in heaven, but a MAN is present behind these laws, whose thinking is that women are of lower status than men, and she should always obey the men?
 
Your human rationale and humanity in you is enough to guide you and you could yourself easily differentiate between the right & wrong.
===A Response from a Muslim woman: I never heard about the ransom money===
A Muslim woman wrote:<blockquote>First time I am hearing that a wife needs to pay ransom money in Khul'. If Im not mistaken a woman does not need to pay back the dowry. Also, they can ask for divorce through the court if the husband abuse her (mentally or physically), fail to give nafkah etc.</blockquote>'''Answer:'''
 
Problem is the Deceptions of Muslims, where they '''MIX''' one thing with another and keep thus hide the real face of Islam.
 
For example:
 
*If a man is impotent and unable to penetrate, then woman take take divorce through the court.  But if the man is infertile, and could not give children to the women, then in this case women are NOT allowed to get their freedom through divorce in the courts, and to marry other man in order to get the children.
*And Muslims also tell that women are also allowed to take divorce, if man is not providing them with their maintenance money.  Although this statement by Muslims is true, but still it is not the "complete" truth.  Complete truth is this that woman has to wait 2 years if he is not providing her with the maintenance money. And only after this period (i.e. 2 years), Islamic courts will let the women to take divorce.
*And in case that:  * Man is ugly.  * Woman does not love him due to his bad habits.  * Or man is abusive and beats her brutally.  If woman wishes to get her freedom from him, then she simply cannot do it in Islam.  Yes, one possible way is to use the greed of her abusive husband, and offer her the dower (bridal gift) back, or even more than this (according to the demand of the abusive husband).  But still the final decision of her freedom lies in the hands of the husband. He could accept her offer and set her free, or he could reject the offer, and in this case all doors are closed upon her to get her freedom.  Not even the Islamic courts could provide her freedom from her abusive husband in this case.
 
===Difference between the "Islamic Laws" and the "Laws of Muslim Countries"===
Please note this difference carefully, while again Muslims try to deceive innocent people by mixing these two things.
 
Real Islamic Rulings have been described above (i.e. Khul' is not the right of woman, but it depends upon the will of husband to grant her freedom or not).
 
During last 14 centuries of Islamic history, this Islamic Ruling stayed the same.
 
But in this century, thanks to the Western Feminist Movement, even women in the Islamic countries are becoming aware of their rights as humans.
 
Thus, these feminist movements in the Muslim countries fought against this Divorce/Khul' ruling of Islam, and to surprise, they also succeeded in many Muslim countries in "CHANGING" this actual Islamic ruling.
 
Now in many Muslim countries, indeed woman could go to the court, and ask for the Khul' (without paying the ransom money).
 
Actually, Islamic Scholars initially tried to stop this change, but this Islamic Ruling was so much against the Humanity, that they failed to achieve success in it.
 
It is same like Muslim men didn't need the permission of first wife to marry another wife, but due to the strong opposition from the feminist movement in the Muslim countries in this century, now Muslim men have to ask the written permission of the first wife before taking another woman as a wife.


For example, please read the following 2 Studies about how Courts were given the right to give freedom in Khul' without paying the ransom money, while Islamic Scholars opposed it, while according to Sharia it is the right of husband, and not the courts.
In order to understand it, let us see the example of [https://en.wikipedia.org/wiki/Dissolution_of_Muslim_Marriages_Act,_1939 'Dissolution of Muslim Marriages Act, 1939']. This was the law which was compiled by Muslims Scholars of Indian subcontinent, and later became the official law of Pakistan and Bangladesh, and Personal Muslim law in India.  


Study 1
{{Quote|[https://en.wikipedia.org/wiki/Dissolution_of_Muslim_Marriages_Act,_1939 Dissolution of Muslim Marriages Act, 1939]|'''Grounds for divorce'''
Under the act a woman married under Muslim Law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds,[1]


Study 2
(i) that the whereabouts of the husband have not been known for a period of '''four years''' ;


Moreover, if you want to know the Real Islamic Rulings, when a woman is allowed to take divorce from her husband, then you could look it here:
(ii) that the husband has neglected or has failed to provide for her maintenance for a period of '''two years''' ;


[[Dissolution of Muslim Marriages Act, 1939|https://en.wikipedia.org/wiki/Dissolution_of_Muslim_Marriages_Act,_1939]]<blockquote>'''2. Grounds for decree for dissolution of marriage.'''
(iii) that the husband has been sentenced to imprisonment for a period of '''seven years''' or upwards ;


A woman married under Muslim Law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:
(iv) that the husband has failed to perform, without reasonable cause his marital obligations for a period of '''three years''' ; continues to be so:


(i) That the whereabouts of the husband have not been known for a period of '''1[one] years;'''
(v) that the husband was impotent at the time of the marriage and


(ii) That the husband has neglected or has filed to provide for her maintenance '''for a period of two years;'''
(vi) that the husband has been insane for a period of '''two years''' or is suffering from leprosy or a virulent venereal disease ;


(ii-A) That the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961;
(vii) that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years : '''Provided that the marriage has not been consummated''' (''i.e. if the husband has slept with her before she becomes 18 years old, then she will loose her right to get divorce'') ;}}


(iii) '''That the husband has been sentenced to imprisonment for a period of 2[three] years or upwards;'''
Islam critics point out that:


(iv) '''That the husband has failed to perform, without reasonable cause, his marital obligations for a period of 3[one] years;'''
* Although woman gets the right to have divorce in these special cases, but the duration of process is extremely long, and she has to suffer this whole period unilaterally.
* Moreover, as compared to the women, the husbands are allowed to 'immediately' divorce their wives if she is infertile, or she becomes insane, or if she is suffering from leprosy, or she does not respond to husband's call for marital obligation etc.


'''(v) That the husband was impotent at the time of the marriage and continues to be so;'''
== Women movement against the rulings of Khul' and Faskh rulings in Pakistan and Bangladesh ==
Right after the independence of Pakistan in 1947, women's struggle started against the Khul' and Faskh rulings. And they also got success when the Supreme Court of Pakistan sided with the women and allowed them to take divorce through Khul' and even without paying the ransom money. In 1971, when East Pakistan became Bangladesh, then they also followed that modified Khul' ruling by Supreme Court of Pakistan.


(vi) That the husband has been '''insane for a period of two years''' or is suffering from leprosy or a virulent venereal disease;
Also women struggle succeeded in reducing the time period in the Faskh rulings in favour of women.


(vii) That she, having been given in marriage by her father or other guardian before she attained the age of sixteen years, repudiated the marriage before attaining the age of eighteen years:</blockquote>All these conditions upon a woman was a great burden and injustice. That is why even Muslim countries were compelled to abandon this Islamic Ruling, and allow the woman to take Khul' immediately in the Courts without paying the ransom money.
Nevertheless, it became a cause of conflict between the Supreme Court of Pakistan, and the Islamic Scholars, while the later consider this new Khul' law against the Quran and Sunnah.  


For details, please read these Study 1<ref>[https://www.iiu.edu.pk/wp-content/uploads/downloads/journals/ilr/volume1/num-1/Article_1_Vol1_1_010817.pdf]</ref> and Study 2<ref>[https://www.iiu.edu.pk/wp-content/uploads/downloads/journals/ilr/volume1/num-1/Article_1_Vol1_1_010817.pdf]</ref>. The abstract from study 2 is as under:
{{Quote|[https://www.researchgate.net/publication/281634445_Right_of_Women_to_Divorce_Adjudication_of_Redemption_Khul'_In_Islamic_Law_and_Pakistani_Law_A_Critical_Analysis_of_the_Orthodox_Islamic_Scholars_and_Recommendations_of_Pakistani_Courts_On_The_Basis_of Right of Women to Divorce: Adjudication of Redemption (Khul') In Islamic Law and Pakistani Law, A Critical Analysis of the Orthodox Islamic Scholars and Recommendations of Pakistani Courts On The Basis of Legal Opinion (Ijtehad)]|Abstract
Pakistan is an Islamic country. The laws made by the Parliament and Judiciary are administered according to the injunction of Islam. There are many laws made for the protections of women. Among these rights granted, right of women to khul " is also awarded by Islamic Law. Khul " is the proposal given to the husband by the wife for divorce. Judicial Khul " is exercised in Pakistani courts, according to Article 2(ix) of dissolution of Muslims Marriages Act 1939. '''A large number of Ulama (Islamic Jurists) even today, refuse to recognize khul " granted by courts without the consent of the husband as a valid divorce. Confusion is caused by two parallel and conflicting interpretations of the Islamic Law. On one hand, there is the statutory law and interpretation by the Superior Courts of Pakistan and on the other hand, is the interpretation of Jurists of Islamic Law with strong arguments from Qur " an and Sunnah'''.}}


==References==
==References==
{{reflist}}
{{reflist}}
Lehrasap
177

edits

Retrieved from "http://wikiislam.net/wiki/Special:MobileDiff/133570"

Navigation menu