177
edits
User:Lehrasap/Sandbox 1: Difference between revisions
m
→Islam Advocates: Reasons for the 'Iddah in case of divorce
| Line 137: | Line 137: | ||
*She has never seen his husband after the marriage. | *She has never seen his husband after the marriage. | ||
*Or even if the marriage has not been consummated. | *Or even if the marriage has not been consummated. | ||
*Or even if she is a | *Or even if she is a minor child. | ||
*Islam critics thus question why should she mourn if she no emotional connection and love for him in her heart? | *Islam critics thus question why should she mourn if she no emotional connection and love for him in her heart? | ||
*What if the husband was abusive and he tortured her when he was alive, and thus she HATED him? This is cruel to still compel a woman for such a long obligatorily waiting period, with so many restrictions. | *What if the husband was abusive and he tortured her when he was alive, and thus she HATED him? This is cruel to still compel a woman for such a long obligatorily waiting period, with so many restrictions. | ||
| Line 172: | Line 172: | ||
*If husband could divorce such a pregnant woman and then start having sex with dozens of other slave girls and wives, why then should the pregnant woman be deprived of the emotional support and love and attention and care of the new partner, in a hard time when she needs these things the most? | *If husband could divorce such a pregnant woman and then start having sex with dozens of other slave girls and wives, why then should the pregnant woman be deprived of the emotional support and love and attention and care of the new partner, in a hard time when she needs these things the most? | ||
== | ==Reasons for the 'Iddah in case of divorce== | ||
Islam critics point out that: | Islam critics point out that: | ||
| Line 180: | Line 180: | ||
*But the husband is free to have sex with other wives and slave girls during all this time. | *But the husband is free to have sex with other wives and slave girls during all this time. | ||
*And after the divorce, she again has to undergo a waiting period of 3 more menstrual cycles<ref>'Iddah of 3 menstrual cycles after the divorce.[https://www.islamic-sharia.org/downloads/talaq/]</ref>. But why? There is no issue of parentage of the child either, while her husband didn’t touch her for the last 3 menstrual cycles. And there is no option of reunion of both of them after the divorce, till the time she undergoes the Quranic Halala. So, why is the woman then still forced to undergo solitary confinement like situation for the next 3 more months in the name of ‘Iddah? | *And after the divorce, she again has to undergo a waiting period of 3 more menstrual cycles<ref>'Iddah of 3 menstrual cycles after the divorce.[https://www.islamic-sharia.org/downloads/talaq/]</ref>. But why? There is no issue of parentage of the child either, while her husband didn’t touch her for the last 3 menstrual cycles. And there is no option of reunion of both of them after the divorce, till the time she undergoes the Quranic Halala. So, why is the woman then still forced to undergo solitary confinement like situation for the next 3 more months in the name of ‘Iddah? | ||
=== Islam Advocates: She has to observe 'Iddah while she was 'alone' with a man under one roof === | |||
Islam advocates say, even if the husband has not touched her for the last 3 menstrual cycles, still she has to observe restrictions of 'Iddah of 3 more months, while: | |||
* She was ‘alone’ with her previous husband under one roof during the process of 3 Talaqs. | |||
* And the WITNESSES of man and woman are not accepted in Islam that they didn’t have sex during this period. | |||
* Therefore, restrictions of 'Iddah of 3 more menstrual cycles will safeguard the parentage of the child in case she became pregnant from the previous husband. | |||
But the Islam critics object and point out that: | |||
* If the witness of ONLY man is accepted in the process of Talaq (i.e. he didn’t touch her for the last 3 menstrual cycles), and he gets her divorced on the bases of his single witness, why then the witnesses of BOTH the Man and Woman are rejected when they testify that they didn’t have the sex for the last 3 menstrual cycles, and thus she is not pregnant, and thus she does not need any further ‘Iddah in name of parentage of the child? | |||
* As compared to the rejection of witnesses of these 2 Free Adult Muslim Man and Woman, Islam allows the man to start having sex with the slave woman of another person, on the bases of ''''singular testimony'''<nowiki/>' of the slave-girl alone, that she is not pregnant, and her owner made her Halal for him to use her as a sex object. | |||
{{Quote|[https://web.archive.org/web/20201101155533/http://www.shiapen.com/wp-content/uploads/2011/02/fatwa_alamgiri_v3_p268.jpg Fatawa Alamgiri, vol 3, page 268, Urdu edition]|A Singular Report is enough in the religious issues. Therefore, if a slave woman comes to any person and tells him that her master has gifted her to him, then that person could trust the testimony of that slave-girl and have sex with her.}} | |||
* And lastly, even one menstrual cycle is enough to know if she is pregnant or not (just like the prisoner/slave woman). Why then she still has to undergo the 3 menstrual cycles long waiting period? This again makes no sense. | |||
* And why should she not use perfume and make-up and make herself attractive to other men, as there is no option of returning to previous husband without the Halala? | |||
Moreover: | |||
* A wife who hasn't seen her husband for years, should also undergo the sufferings of 'Iddah in case of divorce. But why? There are no chances of her being pregnant. | |||
* A minor girl (who has not started to menstruate), why then does she also have to undergo the waiting period of 3 months in case of divorce, as she couldn't even get pregnant? | |||
* Similarly, an old woman could also not get pregnant, why then does also have to undergo the solitary confinement like restrictions of ‘Iddah in case of divorce? | |||
<br /> | <br /> | ||
==Islam Critics: The process of Divorce in Islam is again UNJUST towards the women== | |||
Islam advocates claim that a woman has to stay in the house of husband for 3 menstrual cycles during the process of divorce, while this could provide them with the chance to reconcile<ref>Staying in husband's home during the process of divorce.[https://abukhadeejah.com/divorce-talaq-iddah-remarriage-khula/]</ref>. | Islam advocates claim that a woman has to stay in the house of husband for 3 menstrual cycles during the process of divorce, while this could provide them with the chance to reconcile<ref>Staying in husband's home during the process of divorce.[https://abukhadeejah.com/divorce-talaq-iddah-remarriage-khula/]</ref>. | ||
But Islam critics object to this process of divorce, and ask: | But Islam critics object to this process of divorce, and ask: | ||
* But what if the husband is an abusive evil person? What if he tortures her all this period without any reason? What if he beats her so wildly that she gets bruises all over her body? Why they still she has to still stay with such an abusive husband for 3 months? (Please read the [[Khul']] article, that woman could not get her freedom through Khul', even if the husband is abusive and tortures her. Only if he breaks any part of her body, in that case she could get her freedom through the court) | *But what if the husband is an abusive evil person? What if he tortures her all this period without any reason? What if he beats her so wildly that she gets bruises all over her body? Why they still she has to still stay with such an abusive husband for 3 months? (Please read the [[Khul']] article, that woman could not get her freedom through Khul', even if the husband is abusive and tortures her. Only if he breaks any part of her body, in that case she could get her freedom through the court) | ||
* Only the woman is forced to sacrifice in the name of so-called “reconcilement” in this Islamic Talaq process, while husband has to bring no sacrifice. He is free to have sex with all other wives and slave girls during this whole period of 3 months. | *Only the woman is forced to sacrifice in the name of so-called “reconcilement” in this Islamic Talaq process, while husband has to bring no sacrifice. He is free to have sex with all other wives and slave girls during this whole period of 3 months. | ||
Moreover: | Moreover: | ||
* Is there any guarantee that this dispute between husband and wife is going to resolve in 3 months time of Talaq process? | *Is there any guarantee that this dispute between husband and wife is going to resolve in 3 months time of Talaq process? | ||
* Is it not possible that it may take more than 3 months that both of them come back in their senses and end the dispute after this period? For example, a man comes back to his senses after 1 years, and realises that it was a mistake to divorce his wife and she was totally innocent. Then what are the options available there to undo this mistake? The answer is, there are NO more options available, while she could not return to him without undergoing the process of Halala, which is considered as a shameful process. So, what then is the 'Divine Wisdom' in this ruling, which limits this reconcilationary period to only 3 menstrual cycles? | *Is it not possible that it may take more than 3 months that both of them come back in their senses and end the dispute after this period? For example, a man comes back to his senses after 1 years, and realises that it was a mistake to divorce his wife and she was totally innocent. Then what are the options available there to undo this mistake? The answer is, there are NO more options available, while she could not return to him without undergoing the process of Halala, which is considered as a shameful process. So, what then is the 'Divine Wisdom' in this ruling, which limits this reconcilationary period to only 3 menstrual cycles? | ||
Moreover: | Moreover: | ||
* Islam compels the woman to stay in the house of husband during the process of Talaq. While it has been seen that in cases of disputes, it could also be helpful that both parties take a break from each other and live separately for some period of time. | *Islam compels the woman to stay in the house of husband during the process of Talaq. While it has been seen that in cases of disputes, it could also be helpful that both parties take a break from each other and live separately for some period of time. | ||
* This provides both parties with chance to ponder upon, and to learn from their mistakes in a better way and they realise their mistakes in a better way. | *This provides both parties with chance to ponder upon, and to learn from their mistakes in a better way and they realise their mistakes in a better way. | ||
* When wife has to face the difficulties in living in house of her parents or brothers/sisters, then she realises quickly the importance of house of her husband. And when husband has to do all the work in the house alone, and has to take care of the children alone too, then he also realises his mistake quickly. | *When wife has to face the difficulties in living in house of her parents or brothers/sisters, then she realises quickly the importance of house of her husband. And when husband has to do all the work in the house alone, and has to take care of the children alone too, then he also realises his mistake quickly. | ||
* But Islam closed this option for them by ordering the woman for not leaving the husband's house even in case of serious disputes. | *But Islam closed this option for them by ordering the woman for not leaving the husband's house even in case of serious disputes. | ||
=== Islam Critics: Pronouncing 3 Divorces in one sitting is also illogical and an Injustice towards the woman === | ===Islam Critics: Pronouncing 3 Divorces in one sitting is also illogical and an Injustice towards the woman=== | ||
Islam advocates say that Islam also allows pronouncing 3 divorces in one sitting, which will spare the woman of 3 months restrictions of divorce process. But Islam critics again object upon it and point out that: | Islam advocates say that Islam also allows pronouncing 3 divorces in one sitting, which will spare the woman of 3 months restrictions of divorce process. But Islam critics again object upon it and point out that: | ||
* Only may is allowed to give Talaq in this way. Why these double standards? Is woman a 'brainless emotional creature', who could not take decisions about her own life. | *Only may is allowed to give Talaq in this way. Why these double standards? Is woman a 'brainless emotional creature', who could not take decisions about her own life. | ||
* And this divorce becomes valid even if the wife was totally innocent, and he only pronounced 3 divorces in '''ANGER'''. This proves that blaming only women for being emotionally unstable is not correct, but men could also become totally emotionally unstable, especially in the state of Anger and they are capable of doing every kind of stupid things, including killing others. | *And this divorce becomes valid even if the wife was totally innocent, and he only pronounced 3 divorces in '''ANGER'''. This proves that blaming only women for being emotionally unstable is not correct, but men could also become totally emotionally unstable, especially in the state of Anger and they are capable of doing every kind of stupid things, including killing others. | ||
* What type of '''Divine Wisdom''' is this, then to give right to such emotionally unstable men in anger to divorce their wives in 3 seconds, by saying 3 times Talaq Talaq Talaq? | *What type of '''Divine Wisdom''' is this, then to give right to such emotionally unstable men in anger to divorce their wives in 3 seconds, by saying 3 times Talaq Talaq Talaq? | ||
* The consequences of such 3 times Talaq in anger has to be bear by the poor innocent wife, where her whole family is destroyed and she may loose her children too. | *The consequences of such 3 times Talaq in anger has to be bear by the poor innocent wife, where her whole family is destroyed and she may loose her children too. | ||
* And despite being totally innocent, again only she is forced to undergo the shameful process of Halala too, if she wishes to reunite with here family (i.e. husband and the children). | *And despite being totally innocent, again only she is forced to undergo the shameful process of Halala too, if she wishes to reunite with here family (i.e. husband and the children). | ||
* Is it really that giving rights with Justice to the woman by Islam? | *Is it really that giving rights with Justice to the woman by Islam? | ||