"Talaq, Talaq, Talaq"...is it over?

Society Religion & Philosophy
41

hk,

I re-opened the thread: CAN A MUSLIM WOMEN DIVORCE HER HUSBAND; actually, I dedicated this re-opening to you. May I suggest you take an opportunity to go thru the contents.

1) You say : when a husband initiates divorce, he is obliged by religious law to pay some maintenance expenses (2:241).

MY ANSWER
hk: That maintenance is for the 100 day idaat period ONLY; after which the husband is not entitled to pay her a dime. In fact, she can be turned out onto the street!

There is no provision for alimony or "continous maintenance" under the present Islamic laws.

2) You also state: "However, when the woman initiates the divorce she does not pay any compensation to the husband as requirement of religious law; she need at most return part of what she received from the husband as dower if such payment is helpful in an amicable settlement. (2:229)"
MY ANSWER
hk: You' re referring to Khula. This aspect is covered in detail under the thread:CAN A MUSLIM WIFE DIVORCE HER HUSBAND!

Under Khula, the wife has to return the dower and ASK the husband to divorce her.

3) I had a third point re: Custody of Children, covered again below.

RECAP
To recap for you: Under the Islamic laws the husband can very easily divorce his wife on a whim and is financially responsible to her for only 100 day of Idaat period.

There is no such thing as 'Continous Maintenance' or alimony under the present Islamic laws.

A woman can only Divorce under the laws of Khula where she must return her dowry and then ASK her husband to divorce her.

The women has no rights to the children. The Islamic laws grants the custody to the father.

Based on the above, if a women, for example, lives in Pakistan then the only way she can protect herself from the inequities of the Islamic laws to have a side Contract that is enforceable in the courts of law.

I thank you for writing!

42

faceup, I really feel like Im banging my head against a wall here. If I offer my opinion you call me a liar and if try to post some links, they're not good enough.
Im not wasting my time anymore because as a muslim girl, I know what a woman's rights are in Islam and Im not insecure about it.
I dont know what religion you belong to but it certainly is not Orthodox Islam. And you're wasting ur time. You're certainly not going to convince any Muslim that there's inequality among the genders in Islam. Whatever the laws, there's always a reason behind them. You cant just look at one thing and assume that's exactly what it means.
If you'd paid more attention, you'd have noticed that within the marriage, the man does have a greater degree of rights but that in no way means that the woman is inferior to him. Its because the man is also the one with the greater responsibility...to provide for his wife/family etc.
Im really not going to bother putting up any links or writing an essay for you, they'd certainly go over your head, since ur not willing to listen to anything BUT your own views.

43

hk

People like you R the reasons why muslim women are being choked. It's your hypocrisy, your delusion to believe that the present Islamic laws, written by angry & old men, are equitable and can protect women!

One has Saudia, Afghanistan, UAE, etc where they rule by the Sharia'h; can anyone claim that women have equity or honour in these countries?

Yet, this hk claims that these countries are all Islamic in name only; and, to further her arguements, she, yet again, calls me non-muslim. hk - I wouldn't be caught dead in your version or idea of Islam!

Since, this discussion with hk, came about when I suggested that women thinking about marrying should protect themselves, in a side contract, against inadequacies of shariat.

So, hk - you think the maintenannce that you refer to as the right of women is ONLY for the 100 day idaat period. After the 100 days, the wife can be turned out onto the street! IS THIS EQUITABLE? Where is the bloody honour in this?

So hk - the mother in a divorce, cannot have the custody of the children under the Islamic laws because they belong with the father! AGAIN, THIS IS EQUITABLE?

so, hk - You said in an another thread that women DARE not ask for divorce because of the culture that encourages violence against women! REALLY? Please get off that hallucinatory drug that you are on.

First, Islam is a complete way of life and that includes culture!

Second, if the Islamic laws were based on EQUITY then these violence against women would have been eliminated a long time ago. WHY doesn't the ulemas or the local mullah take action against violence against women? Got ANY self-defeating answers to these?

Finally, you R welcome to live in your land of make-believe. These Islamic laws that are being enforced are nothing short of human rights violation and an attack on the dignity of a women and minorities.

[This message has been edited by faceup (edited September 21, 2000).]

44

[quote]
Originally posted by faceup:
**hk

People like you R the reasons why muslim women are being choked. It's your hypocrisy, your delusion to believe that the present Islamic laws, written by angry & old men, are equitable and can protect women!

One has Saudia, Afghanistan, UAE, etc where they rule by the Sharia'h; can anyone claim that women have equity or honour in these countries?

Yet, this hk claims that these countries are all Islamic in name only; and, to further her arguements, she, yet again, calls me non-muslim. hk - I wouldn't be caught dead in your version or idea of Islam!

Since, this discussion with hk, came about when I suggested that women thinking about marrying should protect themselves, in a side contract, against inadequacies of shariat.

So, hk - you think the maintenannce that you refer to as the right of women is ONLY for the 100 day idaat period. After the 100 days, the wife can be turned out onto the street! IS THIS EQUITABLE? Where is the bloody honour in this?

So hk - the mother in a divorce, cannot have the custody of the children under the Islamic laws because they belong with the father! AGAIN, THIS IS EQUITABLE?

so, hk - You said in an another thread that women DARE not ask for divorce because of the culture that encourages violence against women! REALLY? Please get off that hallucinatory drug that you are on.

First, Islam is a complete way of life and that includes culture!

Second, if the Islamic laws were based on EQUITY then these violence against women would have been eliminated a long time ago. WHY doesn't the ulemas or the local mullah take action against violence against women? Got ANY self-defeating answers to these?

Finally, you R welcome to live in your land of make-believe. These Islamic laws that are being enforced are nothing short of human rights violation and an attack on the dignity of a women and minorities.

[This message has been edited by faceup (edited September 21, 2000).]**
[/quote]

  1. Islamic laws were NOT written by angry old men, they were revealed in the Quran by Allah (SWT). Its not Islam's fault if these so-called angry old men have moulded the laws to their benefit.
  2. You keep insisting about the idaat thing, im assuming you're talking about after divorce. Well, once a man and woman are divorced, it is HARAM for them to live under the same roof together.
  3. As for the kids being with the father after the divorce, very young children are to remain with their mothers but after that, it is the father's responsibility to provide for them. Just as it's the man's responsibility to provide for his family and wife when he's married. A woman, in Islam does not have any financial responsibilities.
  4. Islam IS a way of life but it DOES NOT have anything to do with culture. When Islam spread throughout different regions, the people adopted the religion but also retained their cultural values, that were pre-Islamic, and incorporated them with Islam. How do you explain the different practices of all the Muslim countries, Malaysia, Indonesia, Pakistan, Bosnia so on...........they're Muslim but they also have unique cultures that have become part of the Islam practiced there.