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*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: 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: | 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<ref>Privacy under one roof causes women to observe 'Iddah of 3 months. [https://daruliftaa.net/wp-content/uploads/2018/05/rules_of_iddat-1.pdf]</ref>: | ||
* She was ‘alone’ with her previous husband under one roof during the process of 3 Talaqs. | *She was ‘alone’ with her previous husband under one roof in privacy 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. | *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. | *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: | 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? | *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. | *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.}} | {{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 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? | *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? | |||
=== Islam Advocates: 'Iddah is necessary while a women is emotionally disturbed after the divorce === | |||
An Islam advocate wrote: | |||
{{Quote|1=[https://www.reddit.com/r/DebateReligion/comments/q8lp7y/comment/hgr5oij/?utm_source=reddit&utm_medium=web2x&context=3 Reddit]|2="The last thing on a woman's mind after she has got divorced is intimacy. She is mentally disturbed and needs time to come out of this shock"}} | |||
While Islam critics point out that: | |||
* The answer is simple, i.e. to let the women decide for themselves. If they don't have wish, then no one should force them into any relationship. And what to talk about 3 menstrual cycles of 'Iddah, they could stay out of any new relationship for an year or longer as they wish. | |||
* But if they wish otherwise, and decide to enter into a new relationship just after the divorce (or even in case of becoming a widow), then no one should stop them. There could be many women for whom divorce is not a mental shock, but divorce is a form of freedom for them and it is a ''''mental relief'''<nowiki/>' for them to come out of an abusive relationship. | |||
* Why then religion want to forcefully imposes itself upon the masses, killing the wishes and the right of self-determination of millions of women. | |||
* It would become double standards if the religion considers that men are not mentally disturbed from Talaq, and thus have the right to decide for themselves to have sex with multiple other slave women or wives the same night, or to take marry another wife same night, but only women are unable to decide for themselves. | |||
Moreover: | Moreover: | ||
* | * Islam itself allowed the pregnant woman to deliver a child after divorce or becoming a widow (be it only few hours), and then immediately wed to another man. This proves that Islam itself doesn't consider that all women are necessarily mentally stressed, or emotionally attached with the previous husbands despite the divorce. | ||
* | * Muhammad himself married Saffiyah the same night, when in the day her husband was killed, and Muhammad didn't care if she was mentally stressed or emotionally attached with her previous husband. | ||
==Islam Critics: The process of Divorce in Islam is again UNJUST towards the women== | ==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>. | ||
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*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? | ||
== Islam Critics: Blackmailing the women in name of ‘reconcilement & settlement’ in the Divorce Process == | |||
Islam critics claim while only the woman suffers during the long process of Islamic Talaq, thus it works as a weapon in hands of an abusive husband, to blackmail her unjustly, and to usurp her rights by compelling her to give up her rights. | |||
{{Quote|1=[https://quranx.com/4.128?context=3 Quran 4:128-129]|2=And if a woman fears from her husband contempt or evasion, there is no sin upon them if they make terms of '''settlement''' between them (i.e. woman agrees upon leaving some of her rights) … And you will never be able to do '''Justice (Arabic: تَعْدِلُوْا)''' between wives, even if you should strive [to do so].}} | |||
Islam critics point out that here occurs a contradiction in Islamic Sharia, while earlier at time of allowing 4 wives, the writer of Quran stipulated the condition of "Justice (Adl عدل)": | |||
{{Quote|{{Quran|4|3}}|If ye fear that ye shall not be able to deal justly with the orphans, Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal '''JUSTLY (Arabic: تَعْدِلُوا۟)''' with them, then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doing injustice.}} | |||
But later the writer of Quran allowed the husband to blackmail the wife by threatening her with divorce, and showing contempt and evasion and thus compelling her to give away her rights in the name of settlement. Thus, the condition of Justice was abrogated for the so-called settlement which is always going in favor of the husband while he controls the right of giving divorce. | |||
Muhammad himself threatened his wife Sawdah with Talaq (while she was older in age as compared to the other wives of Muhammad). Thus, Sawadah started weeping and she came to ‘Aisha’s house and told Muhammad that she was ready to give her TURN To ‘Aisaha, but Muhammad should not make her homeless by divorcing her in that old age. Sawdah served Muhammad the longest, and in the most difficult times, and she did nothing wrong. Still she had to suffer, and to give up her right in name of so-called 'settlement'. | |||
==Islam Advocates: Some women have Implantation Bleeding despite being pregnant== | |||
Islam advocates that Islamic 'Iddah of 3 menstrual cycles is correct, while some women have implantation bleeding despite being pregnant, and it is difficult for a woman to differentiate between he periods and the [https://www.healthline.com/health/how-long-does-spotting-last#implantation-spotting implantation bleeding]. | |||
While Islam critics say that: | |||
*Laws and rules are made on the bases of "Generality", and not on the bases of "Exceptions". | *Laws and rules are made on the bases of "Generality", and not on the bases of "Exceptions". | ||
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*Therefore, Islam itself made a law that the 'Iddah of a prisoner/slave woman is only one menstrual cycle. | *Therefore, Islam itself made a law that the 'Iddah of a prisoner/slave woman is only one menstrual cycle. | ||
Islam advocates reply it by saying that the ''''status'''<nowiki/>' of a slave woman is not equal to the the status of a free woman, and thus Islam is correct to extend the 'Iddah of free woman to 3 months in case of divorce. | |||
But Islam critics point out that: | |||
*This issue is not about the 'status' of slave woman or | *This issue is not about the '<nowiki/>'''status'''<nowiki/>' of a slave woman or a free woman, but the issue is about the ''''parentage'''<nowiki/>' of the child, which stays the same in both the cases. | ||
*And even the 'Iddah of free Muslim woman in Islam in case of Khul' is only one | *And even the 'Iddah of free Muslim woman in Islam in case of Khul' is only one period<ref>[https://islamqa.info/en/answers/5163/does-iddah-apply-in-the-case-of-khula 'Iddah in Khul' is one menstrual period]</ref>. | ||
*And Muhammad himself slept with Saffiyyah the same night when her first menstrual blood stopped. Note that Saffiyyah was not a slave, but a free woman when Muhammad took her as a wife. | *And Muhammad himself slept with Saffiyyah the same night when her first menstrual blood stopped. Note that Saffiyyah was not a slave, but a free woman when Muhammad took her as a wife. | ||
{{Quote|{{Muslim|16|99}}|He (the Holy Prophet) then granted Saffiyyah emancipation and married her. Thabit said to him: Abu Hamza, how much dower did he (the Holy Prophet) give to her? He said: He granted her freedom and then married her. On the way Umm Sulaim embellished her and then sent her to him (the Holy Prophet) at night.}}{{Quote|{{Bukhari|||2893|darussalam}}|Narrated Anas bin Malik: We arrived at Khaibar, and when Allah helped His Apostle to open the fort, the beauty of Safiya bint Huyai bin Akhtaq whose husband had been killed while she was a bride, was mentioned to Allah's Apostle. The Prophet selected her for himself, and set out with her, and when we reached a place called Sidd-as-Sahba,' '''Safiya became clean from her (first) menses then Allah's Apostle took her into his bed.'''}} | |||
Thus Islam critics claim that: | |||
* | *There is no Hadith of Muhammad present, in which he ever mentioned 'Iddah of 3 periods due to any Implantation bleeding. | ||
*Muhammad adopted the practice of 'Iddah, while it was the tradition of that era, and Muhammad was a part of that society. | |||
*Muhammad adopted the practice of 'Iddah, while it was the tradition of that era | |||
*But in the modern era, when science discovered these facts, then Muslims now try to present these scientific discoveries as miracles of Islam. | *But in the modern era, when science discovered these facts, then Muslims now try to present these scientific discoveries as miracles of Islam. | ||
*But Muslims will fail, as contradictions in Islam will then occur (like Muslims having sex with prisoner/slave women and while Muhammad had himself sex with Saffiyyah after only the first menstrual cycle. | *But Muslims will fail, as contradictions in Islam will then occur (like Muslims having sex with prisoner/slave women and while Muhammad had himself sex with Saffiyyah after only the first menstrual cycle. | ||
*And what about | *And what about a minor girl wife (who does not menstruate yet), or an old lady (who could not bear any children), or a woman who hasn't seen her husband for years? Muhammad ordered them too to observe the 'Iddah of 3 periods (or 3 months) too. But why? Certainly not due to the implantation bleeding in them, but while it was a tradition of that era. | ||
== Islam Critics:Why no 'Iddah in name of 'mourning' for the Prisoner/Slave women? == | |||
Islam critics point out that: | |||
* Muslim are allowed to drive sexual pleasures from the prisoner virgin girls with ‘penetration’ the same night, without giving them any time to mourn their dead family members. | |||
* And as far as the prisoner women are concerned, who already have husbands, then penetration in their vaginas is not allowed. But still Muslim were allowed to undress them and to take all kind of sexual pleasures with their naked bodies except for penetration. | |||
{{Quote|1=[http://web.archive.org/save/http://library.islamweb.net/newlibrary/display_book.php?idfrom=4080&idto=4081&bk_no=52&ID=1404&idfrom=4523&idto=5022&bookid=18&startno=425 Imam Ibn Hajar al-Asqallani, in his book Fath-ul-Bari]|2=وقال عطاء لا بأس أن يصيب من جاريته الحامل ما دون الفرج | |||
And as far as the prisoner women | |||
Imam Ibn Hajar al-Asqallani | |||
Translation: | Translation: | ||
Atta said: ‘There is no harm to drive sexual pleasure from the body of the pregnant slave/(or prisoner) woman except of vagina’ | Atta said: ‘There is no harm to drive sexual pleasure from the body of the pregnant slave/(or prisoner) woman except of vagina’}} | ||
According to Islamic Scholars, the Fiqh (Jurisprudence) of Imam Bukhari lies in the “Headings of Chapters” of his Book. And Imam Bukhari gave this heading in his book Sahih Bukhari<ref>[https://islamweb.net/ar/library/index.php?page=bookcontents&ID=4081&bk_no=52&flag=1 Sahih Bukhari]</ref>:<blockquote>''Chapter: If one buys a slave woman, can he then take her along with him in a journey without her completing her waiting period?''</blockquote>Under this heading, Imam Bukhari writes: | |||
And Imam Bukhari | {{Quote|1=[https://islamweb.net/ar/library/index.php?page=bookcontents&ID=4081&bk_no=52&flag=1 Sahih Bukhari]|2=ولم ير الحسن بأسا أن يقبلها أو يباشرها. وقال ابن عمر ـ رضى الله عنهما ـ إذا وهبت الوليدة التي توطأ أو بيعت أو عتقت فليستبرأ رحمها بحيضة، ولا تستبرأ العذراء. وقال عطاء لا بأس أن يصيب من جاريته الحامل ما دون الفرج. | ||
Translation: | Translation: | ||
Hasan Basri finds nothing objectionable in kissing a woman or to having sex with her. And Ibn Umar said that such a slave woman who is given as a present, or who is sold, or who is made free, but sex had been done with her before that, then she had to undergo a waiting period. And Atta said if a slave woman had become pregnant (from the earlier owner/husband), then still pleasure could be derived from the whole of her body, except for her vagina. | Hasan Basri finds nothing objectionable in kissing a woman or to having sex with her. And Ibn Umar said that such a slave woman who is given as a present, or who is sold, or who is made free, but sex had been done with her before that, then she had to undergo a waiting period. '''And Atta said if a slave woman had become pregnant (from the earlier owner/husband), then still pleasure could be derived from the whole of her body, except for her vagina.'''}} | ||
In order to understand the trauma of those captive women due to the killing of their relatives, please see the following tradition. | |||
{{Quote|1=[https://books.google.de/books?id=4A-4ZC4l0dMC&pg=PA122&lpg=PA122&dq=she+commanded+that+Safiyyah+should+be+kept+behind+him+and+that+the+Messenger+of+God+had+chosen+her+for+himself&source=bl&ots=pHDBKo-6Bv&sig=W8sWDq8ZJ4nLwFZpsA1obfYZJ48&hl=en&sa=X&ved=0ahUKEwizjuC41L7bAhVHXRQKHSEhD7EQ6AEIKTAA#v=onepage&q=she%20commanded%20that%20Safiyyah%20should%20be%20kept%20behind%20him%20and%20that%20the%20Messenger%20of%20God%20had%20chosen%20her%20for%20himself&f=false History of Tabari, Volume 8, Page 112]|2=Ibn Ishaq said: After the Messenger of God conquered al-Qamus, Safiyyah bint Huyayy was brought to him, and another woman with her. Bilal (a companion), who was the one who brought them, led them past some of the slain Jews. When the woman who was with Safiyyah saw them, she cried out, struck her face, and poured dust on her head. When the Messenger of God saw her, he said, "Take this she-devil away from me!" ... The Messenger of God said to Bilal, when he saw the Jewish woman doing what he saw her do, "Are you devoid of mercy, Bilal, that you take two women past their slain men?"}} | |||
Islam critics thus question why did Islam not allow the prisoner women to ‘mourn’ their husbands and fathers and brothers and the sons? | |||
Contrary to Islam, the Jews and the Christians allowed the prisoner women to mourn their relatives for one complete month, during which men were not allowed to take any other sexual services from them. | |||
{{Quote|1=[https://www.biblegateway.com/passage/?search=Deuteronomy%2021&version=NIV Bible, Deuteronomy, Chap 21]|2='''Marrying a Captive Woman''' | |||
Bible, Deuteronomy, Chap 21 | |||
(10) When you go to war against your enemies and the Lord your God delivers them into your hands and you take captives, | (10) When you go to war against your enemies and the Lord your God delivers them into your hands and you take captives, | ||
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(13) and put aside the clothes she was wearing when captured. '''After she has lived in your house and mourned her father and mother for a full month''', then you may go to her and be her husband and she shall be your wife. | (13) and put aside the clothes she was wearing when captured. '''After she has lived in your house and mourned her father and mother for a full month''', then you may go to her and be her husband and she shall be your wife. | ||
(14) If you are not pleased with her, let her go wherever she wishes. You must not sell her or treat her as a slave, since you have dishonored her. | (14) If you are not pleased with her, let her go wherever she wishes. You must not sell her or treat her as a slave, since you have dishonored her.}} | ||
Islam critics point out that Muhammad rejected the Sharia of Moses in this case, and he followed the laws of the pagan Arab society of that time, as it benefitted him and the Muslims financially and they were free to seek sexual pleasures through the prisoner women the same night. | |||
==References== | ==References== | ||
{{reflist}} | {{reflist}} |
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