WikiIslam

User:Lehrasap/Sandbox 1: Difference between revisions

User page Discussion

User:Lehrasap/Sandbox 1 (view source)

Revision as of 11:48, 25 December 2021

8,475 bytes removed ,  25 December 2021
Halala Article rewritten.
mNo edit summary
(Halala Article rewritten.)
Line 73: Line 73:
The combination of all three of them in action is found in the following Hadith:{{Quote|{{Bukhari|||5825|darussalam}}|Rifa`a divorced his wife whereupon `AbdurRahman bin Az-Zubair Al-Qurazi married her. `Aisha said that the lady (came), wearing a green veil (and complained to her (Aisha) of her husband '''and showed her a green spot on her skin caused by severe beating)'''. It was the habit of ladies to support each other, so when Allah's Apostle came, `Aisha said, ''' "I have not seen any woman suffering as much as the believing women (i.e. men were not beating their wives so brutally during the era of ignorance as they beat after Islam). Look! Her skin is greener than her clothes!" '''When `AbdurRahman heard that his wife had gone to the Prophet, he came with his two sons from another wife. She said, "By Allah! I have done no wrong to him but '''he is impotent''' and is as useless to me as this," holding and showing the fringe of her garment, `Abdur-Rahman said, "By Allah, O Allah's Apostle! She has told a lie! I am very strong and can satisfy her but she is disobedient '''and wants to go back to Rifa`a (i.e. the first husband)'''." Allah's Apostle said, to her,''' "If that is your intention, then know that it is unlawful for you to remarry Rifa`a unless `Abdur-Rahman has had sexual intercourse with you'''." Then the Prophet (ﷺ) saw two boys with `Abdur- Rahman and asked (him), "Are these your sons?" On that `AbdurRahman said, "Yes." The Prophet (ﷺ) said, "You claim what you claim (i.e.. that he is impotent)? But by Allah, these boys resemble him as a crow resembles a crow,"}}
The combination of all three of them in action is found in the following Hadith:{{Quote|{{Bukhari|||5825|darussalam}}|Rifa`a divorced his wife whereupon `AbdurRahman bin Az-Zubair Al-Qurazi married her. `Aisha said that the lady (came), wearing a green veil (and complained to her (Aisha) of her husband '''and showed her a green spot on her skin caused by severe beating)'''. It was the habit of ladies to support each other, so when Allah's Apostle came, `Aisha said, ''' "I have not seen any woman suffering as much as the believing women (i.e. men were not beating their wives so brutally during the era of ignorance as they beat after Islam). Look! Her skin is greener than her clothes!" '''When `AbdurRahman heard that his wife had gone to the Prophet, he came with his two sons from another wife. She said, "By Allah! I have done no wrong to him but '''he is impotent''' and is as useless to me as this," holding and showing the fringe of her garment, `Abdur-Rahman said, "By Allah, O Allah's Apostle! She has told a lie! I am very strong and can satisfy her but she is disobedient '''and wants to go back to Rifa`a (i.e. the first husband)'''." Allah's Apostle said, to her,''' "If that is your intention, then know that it is unlawful for you to remarry Rifa`a unless `Abdur-Rahman has had sexual intercourse with you'''." Then the Prophet (ﷺ) saw two boys with `Abdur- Rahman and asked (him), "Are these your sons?" On that `AbdurRahman said, "Yes." The Prophet (ﷺ) said, "You claim what you claim (i.e.. that he is impotent)? But by Allah, these boys resemble him as a crow resembles a crow,"}}


=== Why this Sahabaia lady (i.e. female companion) made false slander of impotency against her 2nd husband? ===
===Why this Sahabaia lady (i.e. female companion) made false slander of impotency against her 2nd husband?===
From the Hadith of wife of Rifa`a, it is clear that either this Sahabia lady (i.e. female companion) was telling a lie about the impotency of her husband (and that too in front of Prophet Muhammad himself), or her 2nd husband was telling a lie when he claimed to not to be impotent.
From the Hadith of wife of Rifa`a, it is clear that either this Sahabia lady (i.e. female companion) was telling a lie about the impotency of her husband (and that too in front of Prophet Muhammad himself), or her 2nd husband was telling a lie when he claimed to not to be impotent.


Line 82: Line 82:
Answer is, in case of impotency, she had a chance to get her freedom through an Islamic court. Here you could read about these rare cases, where an Islamic court could give freedom to the women through [https://wikiislam.net/wiki/Khul%27#Faskh_.D9.81.D8.B3.D8.AE_.28i.e._dissolution_of_marriage.29.2C_and_the_unilateral_women.27s_sufferings: Faskh (i.e. dissolution of marriage)].
Answer is, in case of impotency, she had a chance to get her freedom through an Islamic court. Here you could read about these rare cases, where an Islamic court could give freedom to the women through [https://wikiislam.net/wiki/Khul%27#Faskh_.D9.81.D8.B3.D8.AE_.28i.e._dissolution_of_marriage.29.2C_and_the_unilateral_women.27s_sufferings: Faskh (i.e. dissolution of marriage)].


=== Risks involved for the Muslim woman in the 2nd marriage: ===
===Risks involved for the Muslim woman in the 2nd marriage:===
This hadith of the wife of Rifa`a also makes clear about the huge risks and the severe consequences that a woman could face in case of marriage with the 2nd husband.  
This hadith of the wife of Rifa`a also makes clear about the huge risks and the severe consequences that a woman could face in case of marriage with the 2nd husband.  


Line 91: Line 91:
This beating could be so severe that she could even get the bruises all over her body. Even 'Aisha was complaining and testifying that the women in the pre-Islamic era were not beaten so brutally, as the Muslim women were being beaten by their Muslim husbands.  
This beating could be so severe that she could even get the bruises all over her body. Even 'Aisha was complaining and testifying that the women in the pre-Islamic era were not beaten so brutally, as the Muslim women were being beaten by their Muslim husbands.  


=== Love and desire to reunite with the first husband is "natural" despite the irrevocable divorce ===
===Love and desire to reunite with the first husband is "natural" despite the irrevocable divorce===
This hadith of wife of Rifa`a also proves that love is natural, and desire to return to him is also natural and no irrevocable divorce could end this love and desire.  
This hadith of wife of Rifa`a also proves that love is natural, and desire to return to him is also natural and no irrevocable divorce could end this love and desire.  


And if a Sahabia (female companion) lady was unable to control over her love and desire for the 1st husband, and if she was ready to come up with false slanders to achieve her desire, then it could not be expected from the women of today to not to love their ex-husbands and not to make such false moves in order to achieve their true desires.
And if a Sahabia (female companion) lady was unable to control over her love and desire for the 1st husband, and if she was ready to come up with false slanders to achieve her desire, then it could not be expected from the women of today to not to love their ex-husbands and not to make such false moves in order to achieve their true desires.


=== Two houses and two families are going to be destroyed due to the restriction upon the love ===
===Two houses and two families are going to be destroyed due to the restriction upon the love===
This hadith of wife of Rifa`a also proves if religion is going to curb the love, and even succeeds in compelling her to marry another man, then still two families are going to be destroyed.  
This hadith of wife of Rifa`a also proves if religion is going to curb the love, and even succeeds in compelling her to marry another man, then still two families are going to be destroyed.  


Line 103: Line 103:
Therefore, it is not only the woman, but the children and the whole two families are going to pay the price of this restriction.
Therefore, it is not only the woman, but the children and the whole two families are going to pay the price of this restriction.


== Fiqh differences regarding the 2nd Marriage with the intention of Divorce ==
==Halala (Tahleel Marriage)==
There is a Fiqh difference among Muslims upon the issue of marrying the 2nd man with the intention of divorce.  
In Halala (or Tahleel Marriage), the 2nd marriage tooks place with the intention of later giving divorce to the woman, so that she could become lawful (Halal) for her former husband to marry her again.


Present day Salafists deny the 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> and thus people should not wish to . But this goes against the "human nature" as the Hadith of the wife of Rifa`a proves
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>
<br />
===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:


*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>.
* 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.
*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.
* 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.
 
This argument triggers a response by two parties.
 
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.
*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.
 
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).
*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.
*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.
*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)===
Modern Salafi Islam advocates claim that<ref>[https://www.abuaminaelias.com/triple-talaq-nikah-halala/ Website of Abu Amina Elias]</ref>:
 
*Quran stipulated the process of Talaq which consists of a period of 3 menstrual cycles.
*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 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:
 
*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.
*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.
 
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.
*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.
*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==
Moreover:
 
*Islam allows a Muslim owner to do sex with his slave-woman, and after fulfilling his sexual lust in temporary sexual relationship, he could forcefully marry her to any of his slave-man.
*But if the Muslim owner again wishes for her later, then Islam allows him fully to break the slave's family, and take her back again to have sex with her.
{{Quote|{{Bukhari|||5105|darussalam}}|وَقَالَ أَنَسٌ: {وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ} ذَوَاتُ الأَزْوَاجِ الْحَرَائِرُ حَرَامٌ إِلاَّ مَا مَلَكَتْ أَيْمَانُكُمْ لاَ يَرَى بَأْسًا أَنْ يَنْزِعَ الرَّجُلُ جَارِيَتَهُ مِنْ عَبْدِهِ. </br>
Translation:</br>
Anas said: The meaning of the Quranic verse:  {وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ}  (Suran Nisa) is this that if the slave-woman of any person is in the Nikah of his slave, '''then he could take her back from his slave for himself (to have sex with her)'''}}('''Note''': There is a distortion in the English translation of Sahih Bukhari, as this tradition is present in the Arabic Sahih Bukhari, but the Muslim translator of Sahih Bukhari didn't translate it.)
 
This becomes a sort of 'double standards' here:
 
*On one side, there is a free man and a free woman, who want to again begin their family life along with their children, with each other's mutual consent, but this door is closed upon them in name of Halala.
*While on the -other hand, there is a slave-woman, who wants to live in a family life modestly with her slave-husband, but she is forced against her will, to leave her husband, and to to go to the owner, who rapes her again against her consent.
 
==Secular Western Laws vs Halala==
Secular western laws are totally opposite to Halala:
 
*Secular western countries have given equal rights to the women in case of divorce.
*They have also provided full protection to the women in case if their husband turn abusive.
*They accept it as a part of human nature that a wife could still love her ex-husband, despite the divorce (and vice versa).
*They value the mutual consent of both the parties the most. Thus they give the option of resolving the conflict between the husband and the wife internally, with their mutual consent.
*They give this opportunity to the pair to decide themselves, how long do they need to solve their disputes and to reconcile.


==References:==
==References:==
<references />
<references />
Lehrasap
177

edits

Retrieved from "http://wikiislamica.net/wiki/Special:MobileDiff/134215"