177
edits
User:Lehrasap/Sandbox 1: Difference between revisions
Jump to navigation
Jump to search
m
→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)
| Line 112: | Line 112: | ||
*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. | ||
| Line 147: | Line 147: | ||
*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. | ||
| Line 157: | Line 157: | ||
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>: | ||
| Line 176: | Line 176: | ||
*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: | ||
| Line 182: | Line 182: | ||
*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== | ||