Re: Marriage dilemmas
I haven't really been following this discussion closely. However, I do agree with PCG that via a medical test or two, it could be determined whether or not it was a rape. The bruises and a few other things give it away.
I watch CSI on a regular basis and that is where I learned that there are medical tests that can be of use to solve such cases (i.e. rape or consensual).
Re: Marriage dilemmas
ak47, I think these comments of yours deserves another thread of its own, in which I will be more than happy to post. I'll even PM some of the MD guppies and ask them to post their proffessional medical opinions, so that you can broaden your knowledge a bit.
However, I don't think as of yet, anyone has answered my original question, and most of the comments here need a separate thread altogether. I am not questioning the validity of the 4 witness requirement. I am not questioning medical exams.
I want to know whether a person can ask for divorce on grounds that their spouse is not emotionally there for them, and is being there for someone else, or if they think their spouse might be cheating on them, but they haven't gotten 4 witnesses to prove it nor do they have videotapes or audiotapes, sperm specimens etc. They have just random pieces of evidence, or at least evidence strong enough to tell you the spouse is just not there for them as a companion mentally anymore.
Re: Marriage dilemmas
Sadiyah, do you believe everything they show on those kind of shows?
Look I am not going to argue if it can be determined by a test if a woman was raped or not, however, do keep in mind that some people enjoy rough sex.......
Re: Marriage dilemmas
Kaleem, only a rare weird twisted woman would go enjoy rough sex and then blame the guy for rape. Again, off topic comment. Can anyone at all answer my question, or is there just no answer for it?
Re: Marriage dilemmas
[QUOTE]
I want to know whether a person can ask for divorce on grounds that their spouse is not emotionally there for them, and is being there for someone else, or if they think their spouse might be cheating on them, but they haven't gotten 4 witnesses to prove it nor do they have videotapes or audiotapes, sperm specimens etc. They have just random pieces of evidence, or at least evidence strong enough to tell you the spouse is just not there for them as a companion mentally anymore
[/QUOTE]
Simple answer is yes.
Re: Marriage dilemmas
Thank-you. Finally.
Re: Marriage dilemmas
PCG, remember, Islam does not want to put you in hardship, if you think that you are not compatable or suspect that your spouse has been cheating...little hints and clues here and there, by all means one should be able to get a divorce.
Re: Marriage dilemmas
this seemed relevant:
[quote]
004.129
YUSUFALI: Ye are never able to be fair and just as between women, even if it is your ardent desire: But turn not away (from a woman) altogether, so as to leave her (as it were) hanging (in the air). If ye come to a friendly understanding, and practise self-restraint, Allah is Oft-forgiving, Most Merciful.
[/quote]
Re: Marriage dilemmas
I thought I had a good case…oh well maybe next time. 
Re: Marriage dilemmas
PCG, oath os lian (thats laam-ayn-noon in arabic) is the 5th after 4 witnesses one someone accuses his/her spouse of ill behavior....
u get 4 witnesses and plus the person who is accusing the other takes oath in the name of Allah that if he/she lies, the laanah (curse) of Allah be upon him/her....
read the beginning of Surah Al-Noor with a tafseer to understand better....
it tells u exactly what is to be done in this situation....
Re: Marriage dilemmas
CSI ?
Re: Marriage dilemmas
armughal, its not about an unhappy spouse accusing the other of adultery. The suspicion often arises in couples, and its not neccesarily one spouse saying "I want a divorce because I know you're cheating on me", but "I want a divorce, because it doesn't look like this is working out anymore, I don't think you want to be with me anymore, so you go off and mate with who you want and I'll move on with my life with some self-respect".
...yeah, something like that.
Re: Marriage dilemmas
Crime Scene Investigation.
armughal, thanks for sharing. Interesting stuff. I never had a chance to read it in detail. I'm still a little confused though.
Re: Marriage dilemmas
No offence sister but a western drama show would not be my ideal example to use as a xerox copy for islamic court.
To be honest yeah this issue of a woman being raped is not so simple that you produce dna sample and thats enough to convict person as stated before the dna is not able to speak it only can show the man and woman had interaction or not.
In an islamic court all the angles will be looked at why was the 2 individuals in that area, what reason did they have to be there, etc and if judge sees fit and man or woman is guilty then they will be killed no question.
Re: Marriage dilemmas
Bruises show a violent sexual interaction. If you have bruises and a female saying she was raped, and a DNA sample, you have a close and shut case. Doesn't matter what story the guy and his lawyer come up with. I don't see any room for argument in the matter either, since arguing against this simple fact would mean that you are only trying to push a misogynist agenda.
Re: Marriage dilemmas
No it is not close shut case as you claim you been watching too many hollywood movies!
Re: Marriage dilemmas
Um yes it is. Bruises + accusation against man + his semen on her body = close/shut case.
You still can’t come up with a counterexample, can you? 