Rabu, 27 Oktober 2010

Divorce in Islam and Triple Talaq.


In one of articles I wrote here I mentioned that Muslim women boast that Islam gives right to divorce to Muslim women. It is a joke. Among four major schools of  Islamic thought in Sunni Islam, only in Hanafi school women are permitted to start proceedings of divorce. This is only in theory as law makes it extremely difficult for Muslim women to divorce their women.

And all that a Husband has to do is to say talaq three times to divorce his wife. Women simply does not have this luxury.

One Islamic scholar writes, "According to Islamic laws, husband alone enjoys the right to divorce his wife; the wife has no such right. The Principle of Mohamedan Law by Mr M Hidyatullah—the former Chief Justice of the Supreme Court of India (Tripathy, 1980, p-324)—in this regard, says, “Whenever the husband utters the word talaq thrice, the divorce becomes effective at that instant, irrespective of place and time.”"(Must read article to understand how Islam treats its women by Radhashyam Brahmachari.)

He also wrote another fine article (again, must read article to understand Islamic position on women) where he mentions what is happening in Islamic society in India; I read this when it was posted at islam-watch.org; I myself found it difficult to believe but I knew what he wrote was true. One of the incidents from many he mentioned is:
(Talaq by sending Telegram) The Calcutta edition The Times of India, a renowned English daily, reported on May 11, 2007, that a Muslim man called Mohammad Tazim Khan Lone from Ghaziabad, UP, had divorced his wife Abida Khatun by sending a telegram. In the telegram, the word ‘talaq’ was written thrice. At that time, Abida was staying at her father’s house in Delhi. The telegram also said that Abida could collect alimony amount, dowry items and iddut from Tazim Khan Lone. But Abida refused to accept the divorce and decided to move the case in the court of law.
But the finest evidence to this kind of Islamic law giving so called non existent rights to women is published by secular news paper itself, The Times of India.

http://timesofindia.indiatimes.com/city/lucknow/Talaq-joke-on-Skype-ends-marriage/articleshow/6818970.cms

{Talaq is no joke. An e-savvy Qatar resident learnt this the hard way when he typed talaq thrice while chatting with his wife on Skype. He says he did not mean it but Dar-ul-Uloom Deoband has ruled that his nikah stands terminated.

That's not all. For his careless 'chat', the man can remarry his divorced wife only after halaala, a practice under which the woman has to marry and divorce another man before she can marry her previous husband again.

Deoband's fatwa section — Dar-ul-Ifta (DuI) — recently received a written request from Qatar, seeking a fatwa on a rather amusing situation. The youth stated that he was recently chatting with his wife on Skype when he typed the word 'talaq' three times, though he did not mean it and asked if his nikah was still valid.

Dar-ul-Ifta shot back that the nikah stands terminated. "When you pronounce talaq three times, it means talaq has taken place, and it does not matter whether the woman has reciprocated or not. Your wife has become 'haraam' for you whether you are aware of the commandment of Islam or not. You neither have the right to take her back nor solemnise new nikah with her without a valid 'halaala'. After the completion of 'iddah' (iddat) period, the woman can marry where she wishes except you," the seminary said.

As per senior Islamic scholars, 'halaala' requires the woman to complete her iddat period of 40 days beginning immediately after talaq. During this period she is supposed to stay away from celebrations and socialising.

At the end of iddat, she would have to marry another man who should then divorce her. She will be required to go through another round of iddat only then would she be eligible to marry her "first husband".}

Wait, it is not over and it is much worse in reality. Better read it from Sharia law it self, The Reliance of Traveller; Manual of Islamic Jurisprudence of Shafi'i school of Islamic Jurisprudence which is approved by Al-Azhar University, the supreme authority in Sunni school of Islam:

*2*Chapter N7.0: Taking Back a Divorced Wife (Raj`a)
.......
.......
@N7.7
When a free man has pronounced a threefold divorce, the divorced wife is unlawful for him to remarry until she has married another husband in a valid marriage and the new husband has copulated (dis: p29) with her, which at minimum means that the head of his erect penis fully enters her vagina. 

What this master piece says is that if the wife wants to remarry her first husband after triple talaq then she should not only marry another guy but she should even have sex with her second husband before she divorces and marries her first husband.

If one is trying to find logic in all this then they are wasting time because this kind of rules directly come from Koran (here) and Sunna (here). Any way, Muslims themselves are not going to question this kind of illogical law because Allah knows every thing and Muslim women continue to be proud by saying that Islam gives right to women to divorce , which does not exist in reality.

I repeat: Islam is founded by a really demented man; this is the plain truth.

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