User:Lehrasap/Sandbox 1 - Revision history

Asmith: /* Women especially feel themselves compelled to reunite with their ex-husbands */

2021-12-29T03:54:50Z

Women especially feel themselves compelled to reunite with their ex-husbands

← Older revision		Revision as of 03:54, 29 December 2021
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	Another Islamic Ruling stipulates that<ref>[https://web.archive.org/web/20210606140409/https://www.islamweb.net/en/fatwa/182019/why-a-wife-loses-custody-of-her-children-in-case-she-remarries Woman looses the custody of children if she remarries. www.Islamweb.net Fatwa Site.] </ref>:		Another Islamic Ruling stipulates that<ref>[https://web.archive.org/web/20210606140409/https://www.islamweb.net/en/fatwa/182019/why-a-wife-loses-custody-of-her-children-in-case-she-remarries Woman looses the custody of children if she remarries. www.Islamweb.net Fatwa Site.] </ref>:

	*A woman will ~~loose~~ all of her children and they are separated from her if she marries any other man (except for her ex-husband).		*A woman will lose all of her children and they are separated from her if she marries any other man (except for her ex-husband).
	*Islamic Logic is that all the time of the wife (except of the prayers) belongs to the new husband. He could call her for sexual enjoyment at any time. But if children from the first husband are still there, then it hampers the right of 2nd husband to enjoy her. Thus, the children should be separated from her if she decides to remarry another person.		*Islamic Logic is that all the time of the wife (except of the prayers) belongs to the new husband. He could call her for sexual enjoyment at any time. But if children from the first husband are still there, then it hampers the right of 2nd husband to enjoy her. Thus, the children should be separated from her if she decides to remarry another person.

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	There is a difference of opinion in different Fiqhs regarding the 2nd marriage with the intention of divorce<ref>[https://islamqa.info/en/answers/222367/what-is-tahleel-marriage Intention of Divorce makes Tahleel Marriage invalid. Islamqa.com]</ref>		There is a difference of opinion in different Fiqhs regarding the 2nd marriage with the intention of divorce<ref>[https://islamqa.info/en/answers/222367/what-is-tahleel-marriage Intention of Divorce makes Tahleel Marriage invalid. Islamqa.com]</ref>

	* Hanafi and Shafi'i Fiqhs allow a woman to marry a 2nd man with the 'intention' of taking divorce later, and to remarry her first husband. That is why, we see 'Halala Centers' in the Islamic countries, and even in the western countries too where Muslim population resides.		*Hanafi and Shafi'i Fiqhs allow a woman to marry a 2nd man with the 'intention' of taking divorce later, and to remarry her first husband. That is why, we see 'Halala Centers' in the Islamic countries, and even in the western countries too where Muslim population resides.
	* While Hanbali and Maliki Fiqhs don't allow such marriage with the intention of later taking Talaq. In this case, practically all the doors are shut for a woman to reunite her children and the former husband.		*While Hanbali and Maliki Fiqhs don't allow such marriage with the intention of later taking Talaq. In this case, practically all the doors are shut for a woman to reunite her children and the former husband.

	==References:==		==References:==
	<references />		<references />

Lehrasap: Halala Article rewritten.

2021-12-25T11:48:52Z

Halala Article rewritten.

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Lehrasap at 10:36, 25 December 2021

2021-12-25T10:36:24Z

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Lehrasap at 05:52, 25 December 2021

2021-12-25T05:52:19Z

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Lehrasap at 13:40, 23 December 2021

2021-12-23T13:40:43Z

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Lehrasap at 21:53, 19 December 2021

2021-12-19T21:53:15Z

← Older revision		Revision as of 21:53, 19 December 2021
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	*While Hanbali and Maliki Fiqhs don't allow such marriage with the intention of later taking Talaq. In this case, all the doors are shut for a woman to reunite her children and the former husband.		*While Hanbali and Maliki Fiqhs don't allow such marriage with the intention of later taking Talaq. In this case, all the doors are shut for a woman to reunite her children and the former husband.

	==Muslim women still feel themselves compelled to go back to their ex-husbands ~~despite the humiliation and risky process of Halala~~==		==Muslim women still feel themselves compelled to go back to their ex-husbands==
	~~The process of Halala brings a lot of shame and humiliation and risks for a Muslim woman in an Islamic society, and people don't look good at the women who undergoes the Halala process. But many~~ divorced Muslim women ~~still~~ wish (or even feel themselves compelled) to undergo ~~the humiliation of~~ the process of Halala in order to reunite with their ex-husband.		Many divorced Muslim women wish (or even feel themselves compelled) to undergo the process of Halala in order to reunite with their ex-husband.

	The reasons are as under.		The reasons are as under.

Lehrasap at 21:50, 19 December 2021

2021-12-19T21:50:33Z

← Older revision		Revision as of 21:50, 19 December 2021
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	In Islamic Halala itself<ref name=":0" />:		In Islamic Halala itself<ref name=":0" />:

	#the woman ~~first has to marry~~ another man.		#the woman marries another man.
	#And then that 2nd husband also ~~has to taste~~ her (i.e to consummate the marriage).		#And then that 2nd husband also tastes her (i.e to consummate the marriage).
	#And if that 2nd husband also divorces her, only then she becomes eligible to remarry her former husband.		#And if that 2nd husband also divorces her, only then she becomes eligible to remarry her former husband.

	~~Many kinds of problems and situations could occur during Halala, where the woman has to pay the price. For example:~~		The controversy is, if Islamic Halala brings any benefit to the couple and their children, or it brings harm to them.

	*If a husband says 3 times Talaq to his wife in state of anger, then it destroys the whole family in one second.
	*And it is ~~the woman~~, ~~who has to suffer, even~~ if ~~she is totally innocent and the divorce was totally the fault of the husband.~~
	*And even if she is ready to ~~undergo all these sufferings of Halala, still there is no guarantee that~~ the ~~2nd husband is going to give her freedom by giving her a divorce later. In this case, she is stuck for her whole life with her 2nd husband~~ and ~~not able to reunite with her~~ children ~~and the family and the former husband. Thus~~, ~~Halala comes with extreme risk factor for the women~~.

	==Halala was a practice of the pre-Islamic era of Ignorance==		==Halala was a practice of the pre-Islamic era of Ignorance==
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	*These are only later coming few Zahiri scholars, who denied the Triple Talaq in Islam.		*These are only later coming few Zahiri scholars, who denied the Triple Talaq in Islam.
	*Thus, for the last 1400 years of history of Islam, the triple Talaq and the resulting Halala is happening all over the Muslim world.		*Thus, for the last 1400 years of history of Islam, the triple Talaq and the resulting Halala is happening all over the Muslim world.
	*And even without Triple Talaqs, still a lot of divorces take place in Islamic world, which follow the Quranic procedure of 3 menstrual cycles, but still many divorced women wish to return to their former ex-husbands.		*And even without Triple Talaqs, still a lot of divorces take place in Islamic world, which follow the Quranic procedure of 3 menstrual cycles, but still many divorced women wish to return to their former ex-husbands.

	==A Muslim Owner could destroy the family of his slave-woman and made her Halal for him as many times as he wishes==		==A Muslim Owner could destroy the family of his slave-woman and made her Halal for him as many times as he wishes==

Lehrasap: /* 4th Defence: The emergence of Nikah Tahleel (Halala) is only a consequence of an incorrect form of divorce known as “Triple Talaaq” (which is common in Hanafi and other Fiqhs) */

2021-12-19T21:39:39Z

4th Defence: The emergence of Nikah Tahleel (Halala) is only a consequence of an incorrect form of divorce known as “Triple Talaaq” (which is common in Hanafi and other Fiqhs)

Lehrasap: /* Second Reason: Preserving the family life for their children */

2021-12-19T21:35:54Z

Second Reason: Preserving the family life for their children

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Lehrasap: /* Combination of Halala + Wife Beating + Wife not having the right to get her freedom through divorce */

2021-12-19T17:28:42Z

Combination of Halala + Wife Beating + Wife not having the right to get her freedom through divorce

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← Older revision		Revision as of 21:39, 19 December 2021
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	*And how Halala is going to secure the interests of the children?		*And how Halala is going to secure the interests of the children?

	== Defences of Halala by Islam advocates ==		==Defences of Halala by Islam advocates==
	Here are the defences, that have been made by Islam advocates today.		Here are the defences, that have been made by Islam advocates today.

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	*And what is wrong if the husband divorces her in the morning, and then takes her back in the evening with the mutual consent. Let them divorce each other thousands of times and then reuniting with each other's mutual consent again and again in the evening. Such a reuniting is not harming anyone. But Halala closes this door of reunification and it causes a lot of damage to the women and the children.		*And what is wrong if the husband divorces her in the morning, and then takes her back in the evening with the mutual consent. Let them divorce each other thousands of times and then reuniting with each other's mutual consent again and again in the evening. Such a reuniting is not harming anyone. But Halala closes this door of reunification and it causes a lot of damage to the women and the children.

	=== 3rd Defence: It is only the Hanafi Fiqh Ruling (i.e. marrying with the intention of divorce and Halala Centers), which gives bad name to the Islamic Halala ===		===3rd Defence: It is only the Hanafi Fiqh Ruling (i.e. marrying with the intention of divorce and Halala Centers), which gives bad name to the Islamic Halala===
	Modern Islam advocates (basically Salafists) also criticise Hanafi Fiqh and claim that:		Modern Islam advocates (basically Salafists) also criticise Hanafi Fiqh and claim that:

	* Islam does not allow to marry the 2nd husband with the intention of divorce. And prophet Muhammad cursed those who hire a 2nd husband with the precondition of divorce later<ref>Largest Salafi Fatwa Website [https://islamqa.info/en/answers/222367/what-is-tahleel-marriage Islam Question Answer]</ref>.		*Islam does not allow to marry the 2nd husband with the intention of divorce. And prophet Muhammad cursed those who hire a 2nd husband with the precondition of divorce later<ref>Largest Salafi Fatwa Website [https://islamqa.info/en/answers/222367/what-is-tahleel-marriage Islam Question Answer]</ref>.
	* And if there are Halala Centers present in some Islamic and the western countries, then these are not due to Islam, but only due to the Hanafi Fiqh.		*And if there are Halala Centers present in some Islamic and the western countries, then these are not due to Islam, but only due to the Hanafi Fiqh.

	This argument triggers a response by two parties.		This argument triggers a response by two parties.
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	First one are the Hanafis, who say that<ref>[https://islamqa.org/hanafi/muftisays/9587/halala/ Hanafi Fatwa Website]</ref>:		First one are the Hanafis, who say that<ref>[https://islamqa.org/hanafi/muftisays/9587/halala/ Hanafi Fatwa Website]</ref>:

	* Any such "precondition" at the time of Nikah is prohibited and such people are cursed.		*Any such "precondition" at the time of Nikah is prohibited and such people are cursed.
	* But if no such precondition is stipulated, and people are only "intended" in their hearts, then such Nikah does not become void only due to the intention.		*But if no such precondition is stipulated, and people are only "intended" in their hearts, then such Nikah does not become void only due to the intention.
	* In the Hadith of Bukhari (which has been mentioned above), the female companion (i.e. the ex-wife of Rifa`a) married that other man (i.e. `AbdurRahman) with the intention of divorce later. But prophet Muhammad didn't invalidate that marriage due to her intention, and only put this condition that she could only return to her first husband after her 2nd husband had sexual intercourse with her.		*In the Hadith of Bukhari (which has been mentioned above), the female companion (i.e. the ex-wife of Rifa`a) married that other man (i.e. `AbdurRahman) with the intention of divorce later. But prophet Muhammad didn't invalidate that marriage due to her intention, and only put this condition that she could only return to her first husband after her 2nd husband had sexual intercourse with her.

	And the second party is of Islam critics, who counter this by claiming:		And the second party is of Islam critics, who counter this by claiming:

	* Halala is in it's EVERY form oppressing the woman and the children (either it is Hanafi Fiqh, or if it is Hanbali/Maliki Fiqh).		*Halala is in it's EVERY form oppressing the woman and the children (either it is Hanafi Fiqh, or if it is Hanbali/Maliki Fiqh).
	* The only difference is one is MORE harming, while the other is little bit LESS harming.		*The only difference is one is MORE harming, while the other is little bit LESS harming.
	* If we accept the Hanafi Fiqh as a true Islam (i.e. marrying another person with the intention of marriage is allowed), then it brings less harm to the woman and the children and they have indeed a chance to save their family life.		*If we accept the Hanafi Fiqh as a true Islam (i.e. marrying another person with the intention of marriage is allowed), then it brings less harm to the woman and the children and they have indeed a chance to save their family life.
	* But if we accept the Hanbali and Maliki Fiqhs as a true Islam (i.e. marrying another person with the intention of marriage is not allowed), then it brings EVEN MORE harm to the woman, while in this case all the doors have been shut upon the woman to rejoin with his ex-husband. And her children will be separated from her, in any case, which is a biggest punishment for a mother. And children will also be greatly affected as they will loose their family life in this case.		*But if we accept the Hanbali and Maliki Fiqhs as a true Islam (i.e. marrying another person with the intention of marriage is not allowed), then it brings EVEN MORE harm to the woman, while in this case all the doors have been shut upon the woman to rejoin with his ex-husband. And her children will be separated from her, in any case, which is a biggest punishment for a mother. And children will also be greatly affected as they will loose their family life in this case.
	* And as far as the presence of "Halala Centers" is concerned in the few Islamic and the western countries is concerned, then it may be a stupidity, but still desirable as they indeed help the poor woman and the children in order to get back to their complete family life. The absence of such Halala Centers will only make their lives more difficult.		*And as far as the presence of "Halala Centers" is concerned in the few Islamic and the western countries is concerned, then it may be a stupidity, but still desirable as they indeed help the poor woman and the children in order to get back to their complete family life. The absence of such Halala Centers will only make their lives more difficult.
	* Thus, when the modern Islam apologists bring this argument that marriage with the intention of divorce with the 2nd man is not allowed, then it does not serve as a DEFENCE for Islam, and it does not relieve it from this oppression and illogical ruling of Halala, but it proves only this that this Islamic Ruling is even more illogical and even more oppressing.		*Thus, when the modern Islam apologists bring this argument that marriage with the intention of divorce with the 2nd man is not allowed, then it does not serve as a DEFENCE for Islam, and it does not relieve it from this oppression and illogical ruling of Halala, but it proves only this that this Islamic Ruling is even more illogical and even more oppressing.

	=== 4th Defence: The emergence of Nikah Tahleel (Halala) is only a consequence of an incorrect form of divorce known as “Triple Talaaq” (which is common in Hanafi and other Fiqhs) ===		===4th Defence: The emergence of Nikah Tahleel (Halala) is only a consequence of an incorrect form of divorce known as “Triple Talaaq” (which is common in Hanafi and other Fiqhs)===
	Modern Salafi Islam advocates claim that<ref>[https://www.abuaminaelias.com/triple-talaq-nikah-halala/ Website of Abu Amina Elias]</ref>:		Modern Salafi Islam advocates claim that<ref>[https://www.abuaminaelias.com/triple-talaq-nikah-halala/ Website of Abu Amina Elias]</ref>:

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	*This period is enough for the husband and the wife to think about all the consequences in case of divorce.		*This period is enough for the husband and the wife to think about all the consequences in case of divorce.
	*And if even after that 3 months, they still proceed for the 3rd and the final divorce, then they are themselves responsible for Halala, and Islam should not be blamed for it.		*And if even after that 3 months, they still proceed for the 3rd and the final divorce, then they are themselves responsible for Halala, and Islam should not be blamed for it.
	*And the emergence of Nikah Tahleel is only the consequence of wrong Fiqh rulings about 3 divorces in one sitting<ref>[https://www.muslimink.com/society/family/tahleel-marriage-and-triple-talaaq/ Nikah Tahleel and 3 Talaqs in one sitting.]</ref>. For that, these Fiqhs are responsible and not Islam.		*And the emergence of Nikah Tahleel is only the consequence of wrong Fiqh rulings about 3 divorces in one sitting<ref>[https://www.muslimink.com/society/family/tahleel-marriage-and-triple-talaaq/ Nikah Tahleel and 3 Talaqs in one sitting.]</ref>. For that, these Fiqhs are responsible and not Islam.

	But the problem with this logic is:		But the problem with this logic is:
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	*What is the guarantee that the dispute between the husband and the wife '''is going to be over within 3 months'''?		*What is the guarantee that the dispute between the husband and the wife '''is going to be over within 3 months'''?
	*Is it not possible that they need more time to learn their lesson? For example, what if the husband learns his lesson after 1 year that it was his mistake to divorce his wife? So, what could be done in this case? In simple words, limiting this problem within 3 menstrual cycles is not a wisdom, but a blunder. Some people, sometimes need some more time to learn their lessons than the 3 months.		*Is it not possible that they need more time to learn their lesson? For example, what if the husband learns his lesson after 1 year that it was his mistake to divorce his wife? So, what could be done in this case? In simple words, limiting this problem within 3 menstrual cycles is not a wisdom, but a blunder. Some people, sometimes need some more time to learn their lessons than the 3 months.
	*Moreover, it has been seen that the disputes are also solved if the couples don't stay under one roof, but take a break from each other. In this case, one partner learns the lesson due to the separation of the children, while the other partner learns the lesson when he/she has to look after the children alone. But in an Islamic system of divorce, the wife is forced to stay in the house of her husband during the whole divorce process (which is about 3 months long), along with their children. This Islamic process of divorce is sometimes not enough for them to learn their lessons, especially not for the husbands who are allowed to enjoy the other women and slave-women during whole period.		*Moreover, it has been seen that the disputes are also solved if the couples don't stay under one roof, but take a break from each other. In this case, one partner learns the lesson due to the separation of the children, while the other partner learns the lesson when he/she has to look after the children alone. But in an Islamic system of divorce, the wife is forced to stay in the house of her husband during the whole divorce process (which is about 3 months long), along with their children. This Islamic process of divorce is sometimes not enough for them to learn their lessons, especially not for the husbands who are allowed to enjoy the other women and slave-women during whole period.
	*Human logic guides us that the pair should be given as much longer time as they wish/need to overcome their disputes and learn the lesson. This is always a much better option than any permanent separation in name of Halala.		*Human logic guides us that the pair should be given as much longer time as they wish/need to overcome their disputes and learn the lesson. This is always a much better option than any permanent separation in name of Halala.

	Moreover:		Moreover:

	* Triple Talaqs is not limited to the Hanafi Fiqh only, but all the 4 Sunni Fiqhs accepts that divorce does take place in case of Triple Talaqs in one sitting.		*Triple Talaqs is not limited to the Hanafi Fiqh only, but all the 4 Sunni Fiqhs accepts that divorce does take place in case of Triple Talaqs in one sitting.
	* These are only later coming few Zahiri scholars, who denied the Triple Talaq in Islam.		*These are only later coming few Zahiri scholars, who denied the Triple Talaq in Islam.
	* Thus, for the last 1400 years of history of Islam, the triple Talaq and the resulting Halala is happening all over the Muslim world.		*Thus, for the last 1400 years of history of Islam, the triple Talaq and the resulting Halala is happening all over the Muslim world.
			*And even without Triple Talaqs, still a lot of divorces take place in Islamic world, which follow the Quranic procedure of 3 menstrual cycles, but still many divorced women wish to return to their former ex-husbands.

	==A Muslim Owner could destroy the family of his slave-woman and made her Halal for him as many times as he wishes==		==A Muslim Owner could destroy the family of his slave-woman and made her Halal for him as many times as he wishes==