In the following article, it talks about divorcing a woman on whim, not only that, the Sharia Courts in Dubai and informal Sharia counsel in India have held out that the guy can utter "Talaq -Divorce" three times and the divorce happens. They have validated text message and email divorces. This goes completely against the principles laid out in Quran. I hope Muslims rise up to restore Islam to be what it was; a just and fair religious guidance.
The Quranic guidance calls to wait for three periods time (3 months) to ensure that she is not pregnant, and if she is, the arrangement for child support and alimony. If the couple changes their mind, they can reverse it.
It is fascinating that this common sense principle is adopted by the US Laws while abandoned by the Muslim nations.
The site "total divorce" summarizes the system, "Some states have divorce waiting periods when filing for divorce to make sure that couples are absolutely certain about ending their marriages. These range from a month to six months to even a year or more, if certain divorce issues haven't been resolved. Some states have considered extending divorce waiting periods, especially for couples with children. Such divorce legislation has been based on observations that shorter divorce waiting periods lead to higher divorce rates. A divorce lawyer can further explain the divorce waiting periods in your state."
A current divorces practice in Muslims nations is abhorrent, cruel and uncivilized to put a woman on the street at one's whims, and this is not Islamic. Islam is about mercy and kindness.
Its time for Muslims to rise up against this practice and speak out.
This practice is strongly fortified that even the erudite scholars and Imams of Islam are afraid to speak out, it is like going against the gangsters, it has nothing to do with education, it has to do with lack of common sense. In the US we have conservative PhD Christians who are as stick-in-the-muds as the Mullahs. Unfortunately, the public does not support these extremist American clergy and they cannot get away with their wishes.
Sharia is a good law if we can purge out idiotic rules from it - particularly about divorce, apostasy, blasphemy, and punishment for rape and theft.The civil laws of the nations ensure justice, the Sharia laws in these instances don't. Sharia Law badly need revision to match the common sense and the purpose for which they were created; justice with mercy and kindness.
Mike Ghouse
www.ShariaLaws.com
www.MikeGhouse.net
================
Talaq by text message? Muslim women cry foul
Sharia
law, according to some Muslim sects, allows husbands to end a marriage simply by
uttering the Arabic word for "divorce" three times. But a husband must wait the
mandatory three-month period before it can take effect. Electronic media have
created a new dilemma that religious scholars have yet to work
out.
By
Udayan
Namboodiri
New Delhi: Shamina Abubecker never expected her marriage would end this way.
One afternoon, the Kerala woman received a short text message on her mobile phone. It was from her husband. The message contained one word repeated three times: Talaq, Talaq, Talaq.
Under sharia law, a husband can divorce his wife simply by uttering the "three T's", although Shia and Sunni Muslims differ on whether this can be done at one go, and interpretations vary even among Sunni jurists.
Now, internet, social media and mobile phones have added a digital-era twist to the practice, leading to complaints from those affected. The message delivered to his daughter was "totally unacceptable," Shamina's father, Reshid, told Khabar South Asia.
"We complained to the imam of the local mosque who took it up with higher authorities. After a few weeks we got the fellow to apologize and re-deliver the Talaq in the formally prescribed way."
Besides being
divorced via text message, some Muslim wives are now encountering "Facebook
Talaq" -- the practice of writing the words on the woman's Facebook
page.
"This is a global phenomenon seen all over the Islamic world. It came to the fore in India last December through a case in Bhopal," reputed Islamic scholar Mushtaq Ali Nadvi told Khabar.
In that case, the wife was an educated woman who knew her legal rights. The husband faces a lawsuit and has been arrested on charges of dowry harassment.
Besides text messaging and social media, some men have sent notification to their wives by e-mail. That is what allegedly happened to Majidi Begum, a Delhi resident whose husband worked in the United Arab Emirates (UAE).
"Not being very net-savvy, my sister did not operate her email account much," her brother Imtiaz told Khabar. "When [her husband] came on leave in 2012 she confronted him and he coolly told her that he had divorced her two years earlier."
When challenged by Majidi's family, the husband produced a document that showed he had two witnesses with him while typing the three T's.
Divorce and marriage issues among Muslims are normally handled by the All India Muslim Personal Law Board (AIMPLB), founded in 1973. The country's single largest Islamic body, its membership consists of scholars representing different schools of thought.
In 2005, Shiites and advocates for women seceded to form their own separate Boards, the All India Shiite Personal Law Board & the All India Muslim Women's Personal Law Board.
Neither board has come out with clear positions on the validity of electronic divorcing. "In many cases local imams and muftis support this practice out of sheer ignorance or lack of understanding of the Qur'anic injunctions," Bharatiya Muslim Mahila Andolan (Muslim Women's Movement of India) convenor Saifia Akhtar told Khabar.
Some scholars insist the Talaq rule predates Islam, and has its origin in ancient Arabian societies, in which a husband had the power to divorce a wife for any reason, and at any time he wished.
"This practice of the Jahiliyya (Days of Ignorance) is still followed among the Muslims of South Asia who divorce their wives by pronouncing triple Talaq in one sitting, often on flimsy grounds," Indian Islamic scholar Sohail Arshad of New Age Islam magazine told Khabar. "Recently I saw a case where a woman was given Talaq because she suffered from poor eyesight."
(Courtesy: Khabar South Asia | Indian Muslim Observer
New Delhi: Shamina Abubecker never expected her marriage would end this way.
One afternoon, the Kerala woman received a short text message on her mobile phone. It was from her husband. The message contained one word repeated three times: Talaq, Talaq, Talaq.
Under sharia law, a husband can divorce his wife simply by uttering the "three T's", although Shia and Sunni Muslims differ on whether this can be done at one go, and interpretations vary even among Sunni jurists.
Now, internet, social media and mobile phones have added a digital-era twist to the practice, leading to complaints from those affected. The message delivered to his daughter was "totally unacceptable," Shamina's father, Reshid, told Khabar South Asia.
"We complained to the imam of the local mosque who took it up with higher authorities. After a few weeks we got the fellow to apologize and re-deliver the Talaq in the formally prescribed way."
"This is a global phenomenon seen all over the Islamic world. It came to the fore in India last December through a case in Bhopal," reputed Islamic scholar Mushtaq Ali Nadvi told Khabar.
In that case, the wife was an educated woman who knew her legal rights. The husband faces a lawsuit and has been arrested on charges of dowry harassment.
Besides text messaging and social media, some men have sent notification to their wives by e-mail. That is what allegedly happened to Majidi Begum, a Delhi resident whose husband worked in the United Arab Emirates (UAE).
"Not being very net-savvy, my sister did not operate her email account much," her brother Imtiaz told Khabar. "When [her husband] came on leave in 2012 she confronted him and he coolly told her that he had divorced her two years earlier."
When challenged by Majidi's family, the husband produced a document that showed he had two witnesses with him while typing the three T's.
Divorce and marriage issues among Muslims are normally handled by the All India Muslim Personal Law Board (AIMPLB), founded in 1973. The country's single largest Islamic body, its membership consists of scholars representing different schools of thought.
In 2005, Shiites and advocates for women seceded to form their own separate Boards, the All India Shiite Personal Law Board & the All India Muslim Women's Personal Law Board.
Neither board has come out with clear positions on the validity of electronic divorcing. "In many cases local imams and muftis support this practice out of sheer ignorance or lack of understanding of the Qur'anic injunctions," Bharatiya Muslim Mahila Andolan (Muslim Women's Movement of India) convenor Saifia Akhtar told Khabar.
Some scholars insist the Talaq rule predates Islam, and has its origin in ancient Arabian societies, in which a husband had the power to divorce a wife for any reason, and at any time he wished.
"This practice of the Jahiliyya (Days of Ignorance) is still followed among the Muslims of South Asia who divorce their wives by pronouncing triple Talaq in one sitting, often on flimsy grounds," Indian Islamic scholar Sohail Arshad of New Age Islam magazine told Khabar. "Recently I saw a case where a woman was given Talaq because she suffered from poor eyesight."
(Courtesy: Khabar South Asia | Indian Muslim Observer
I greatly enjoyed looking through your blog and found an informative one for divorce related topics.
ReplyDeletemediation services & divorce mediators