Re: Unmarried guys
Peace Exodus
Agreed … there is no real difference in this than any other conditional nikkah … First of all I have now read up about Talaq Tafwid and it is something which is brought out of ijtehad and not from the Sunnah.
Furthermore I have learned that tafwid is only valid if the husband gives the right to the wife … otherwise it is not valid, she may seek it and it may get rejected. It is then her choice to proceed with the marriage or not … while in a marriage where she has not got this right written in to the contract then she does not have automatic right to it. My whole initial argument has been about automatic right that cannot be overturned …
Mahr must be given it cannot be overturned
A man always has automatic right to give talaq and cannot be revoked, but the woman to have that right must have it written on the nikkah contract after being given permission by the husband at the time of drawing the contract.
Also a woman may have other things written on the contract as a condition to the marriage … if the man does not uphold them then she can seek khula …
It is not about what is preferable to men … holding on to a sour relationship is as bad for a man as a woman … I am trying to gauge the divine guidance of nikkah … there are in my understanding two aspects:
a) The Divine Rules
b) The Mutual Agreement
The Divine Rules cannot be overturned in any marriage contract … however aspects of mutual agreement (of which tafwid is one) becomes binding … but it is possible that two people mutually agree on something which is harmful to them but it is still binding since there is a contract in place … The Divine Rules however will never be harmful … or rather never be the greater of two possible harms.
Furthermore the basic nikkah will still be valid if all divine rules are followed and no conditions attached.