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Divorce before marriage?

 
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Naushad



Joined: 26 Dec 2006
Posts: 53
Location: Atlanta, Georgia, USA.

PostPosted: Mon Jan 29, 2007 5:53 pm    Post subject: Divorce before marriage? Reply with quote

Salaam alay kum,

Believe it or not I have come across some fatwas that goes to the extreme that if an unmarried muslim person makes a silly statement such as "If I marry XYZ then she is divorced" then according to Hanafis and Malikis the lady is automatically divorced as soon as this man performs a nikkah !!!!! I am simply stunned.

Does Arnold (or anyone else) know the basis of this N2I fatwa? I am just curious that what do they (Hanafis/Malikis etc) bring forward as support for such an absurd fatwa etc?

Regards,
Naushad, Atlanta, USA.
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Naushad



Joined: 26 Dec 2006
Posts: 53
Location: Atlanta, Georgia, USA.

PostPosted: Mon Feb 19, 2007 12:51 pm    Post subject: Can anyone shed some light on this one please Reply with quote

No one has replied to my stupid question but would appreciate any comments.

Thank you.
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Mahmood Qasmi



Joined: 21 Dec 2006
Posts: 79
Location: Toronto

PostPosted: Mon Feb 19, 2007 1:02 pm    Post subject: Re: Can anyone shed some light on this one please Reply with quote

Dear Naushad

Logically it can be determined that there can be three sources compunded here:

1) fabricated hadith and Fiqh
2) Quran taken grossly out of context (nothing I can think of remotely suggest such an act)
3) Personal beliefs acquired from God know where

It is a matter of common sense in my opinion.

Naushad wrote:
No one has replied to my stupid question but would appreciate any comments.

Thank you.

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Mahmood Qasmi
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Arnold Yasin Mol
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PostPosted: Mon Feb 19, 2007 3:57 pm    Post subject: Reply with quote

Salaam Naushad,

Sorry to have missed your question. As for the fatwa, I'm sorry to say but you Pakistani people keep amazing me....Even Arabs will look at this as weird.

I don't know where they got it from or how they base it. Even Hollywood makes more sense.
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noman waseem



Joined: 24 Dec 2006
Posts: 64
Location: New Jersey, US

PostPosted: Mon Feb 19, 2007 7:26 pm    Post subject: Reply with quote

LOL, it's alright, I'm in the same camp Naushad. Laughing

Well, I always told my parents it was rather pointless memorizing a language of which I had no understanding...(although I would be more than willing to take some courses on Arabic now)
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Noman Waseem
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Dr. Shabbir
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Joined: 24 Dec 2006
Posts: 1329
Location: Florida, USA

PostPosted: Wed Feb 21, 2007 9:40 am    Post subject: Reply with quote

Our "Imams" of FIQH and HADITH revived the JAHILYAH TIMES. They themselves were 'authorities' and seldom needed the Quran to support there fatwas.

I think, this might have been posted before.
THE DIVORCE PROCEDURE
Muslims in general get confused at the hands of Mullahs, the so-called Ulama. The obvious reason is their abandonment of the Book of Allah. Here is the clear, Ultimate Quranic Guidance.
The Quran gives some very important and clear Laws for divorce in addition in 2:228-234, 4:3, 4:19, 4:35, 4:128, 33:49, 58:1-3, 65:1-4.
NO ROOM FOR INSTANT DIVORCE: According to the Quran, there is absolutely no room for an instant divorce. The process must take months with involvement of arbiters in order to allow reconciliation between the husband and wife.
THE QURAN DISREGARDED: It is highly unfortunate and shameful that Muslim jurists have been ignoring and practically revoking these clear verses of the Book of Allah for centuries, in favor of their own conjecture. According to their exploitative and erroneous edicts, if a husband utters the word "Divorce" three times in anger or under any kind of duress or even in a stage drama or movie, divorce takes effect instantly. What a mockery of the Quran! They are then decrared unlawful for each other and anyone eating or drinking in their homes commits Haraam!
THE SOMERSAULT: It is interesting to note that the so called Fuqaha (Jurist Mullahs) who otherwise uphold Hadith in preference to the Word of Allah, conveniently disregard even their 'treasure' whenever it suits their whims or purpose. In this instance, there is a Hadith in Ibn Majah. The exalted Prophet is reported to have said, La talaqa fil Ighlaq = There is absolutely no divorce under any kind of duress, coercion, suddenness, anger etc. This Hadith which is in total harmony with the Quran remains obscure to or hidden by the Ulama.
HOMES BELONG TO WOMEN: 65:1 O Prophet! When you men intend to divorce women, make sure that the waiting period is observed. Keep precise account of this interim period. Be mindful of Allah, your Lord. Never expel them from THEIR homes, nor shall they themselves leave their homes unless they commit open immorality. ----.
TWO WITNESSES FOR DIVORCE, 65:2 And so, when they have reached their waiting term, either retain them in kindness or part with them in kindness. And let there be two just persons among you to witness, and establish the evidence straight for Allah. -----.
ARBITERS: Three months of attempts to effect reconciliation by arbiters is one of the pre-requisites for divorce. 4:35 (Families and communities must adopt a proactive approach regarding a husband and a wife in discord). If you fear a breach between a husband and wife, appoint two arbiters, one from his family and one from her family. If they decide to reconcile, Allah will help them get together. Verily, Allah is Knower, Aware.
THE ENTIRE DIVORCE PROCEDURE ALLOWED TWICE IN A LIFETIME:
2:229 In a given couple's lifetime, a divorce is permissible twice. (The whole period of divorce i.e. three menstruations / three months, or until delivery can be taken back twice). ------.
HALAALAH OR HARAAMAH? Here comes the most shameful deed unique to the Mullahs in the whole world. They maintain that for reconciliation, the senselessly divorced woman has to go through Halaala (planned marriage with another man for one night followed by divorce in the morning. And it must involve sexual intercourse!). Mullahs offer their own "Noble Services" for being the bridegroom for one night and even charge a hefty fee for it! "Authorized" Halaala offices abound in many so-called Muslim countries!
2:230 If a man divorces his wife on a third different time during their marital life, it shall be unlawful for him to remarry her. It may so happen that the woman marries another man, and those two do not get along, and the other husband divorces her. In that case, there is nothing wrong if both (the previous couple) decide to come together again, if they consider that they will be able to observe the Limits set by Allah. These Limits have been made clear for people to make use of the Divine gift of knowledge (and make no crookedness in the Straight Path). [There is no room in the Quran for the so-called ‘Halalah’, a shameful, manmade custom where a divorced woman is made to spend an intimate night with another man under wedlock with a preplanned divorce in the morning! I call it ‘Haramah’]
THERE IS NO ROOM FOR KHULA: The word Khula' does not appear in the Quran. It is an Imamist fabrication meaning that a woman seeking divorce has to go to a court of law begging for it, a process that takes upto 30 years in the "Muslim" societies). 4:19 O You who have chosen to be graced with belief! It is not lawful for you to force women into marrying or holding on to them in marriage against their will. ------.
'IDDAH, THE WAITING PERIOD FOR WOMEN TO REMARRY
1 - No waiting if untouched.
2 - Three menstrual periods in women with normal physiology.
3 - Three months for those who do not habitually menstruate (or have irregular cycles).
4 - Four months ten days for a widow (for resolution of grief).
2:228 After divorce, women shall wait three menstruations before remarriage. There is no waiting period for a woman who is divorced before intimate relations with her husband (33:49). And it is three months if they do not habitually menstruate (65:4). They shall not conceal pregnancy if they believe in Allah and in the Hereafter. In case of pregnancy, their waiting period shall be until delivery (65:4). And during this period their husbands would do better to take them back if both of them desire reconciliation. The husband and the wife have the right to reconcile during this waiting period of the wife. Women, by Ordinance, have rights similar to men. Men, however, do not have a waiting period for remarriage for obvious physiological reasons. That is where men are on a platform different from them. (2:228-234, 4:3, 4:19, 4:35, 4:128, 33:49, 58:1, 65:1-4). The Waiting Period is four months ten days for widows. (2:234) Those among you who die and leave wives behind, they shall wait four months and ten days before they remarry. ---.
WOMEN NOT TO BE HOME-BOUND DURING WAITING PERIOD: The Quran places only one restriction, remarriage. But under the "Imamist" influence a divorced Muslim woman or widow is expected to live a life of complete asceticism and deprivation during the Waiting Period. She is told not to leave her home, see any visitors, participate in any ceremnoies, socialize in any form, dress decently, wear new clothes, comb well, use perfumes or use even light make-up, etc etc.
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SA
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Naushad



Joined: 26 Dec 2006
Posts: 53
Location: Atlanta, Georgia, USA.

PostPosted: Wed Feb 21, 2007 1:15 pm    Post subject: Clarification to Arnold's point Reply with quote

Dear Arnold,

After some research I found out that the above mentioned fatwa is not from some Pakistani mullah but rather a fully established and official opinion in the Hanafi and the Maliki schools of thought in the N2I sunni Islam. So its not issued by some local people in India or Pakistan. There is a hadith in Imam Malik's Muwatta collection that clearly supports this fatwa too.

Just wanted to clarify that as in this case Arabs scholars are also aware (and some even endorse it) of this rediculious fatwa.

But thank you for everyones comments and replies.

Thank you,

Naushad.

Arnold Yasin Mol wrote:
Salaam Naushad,

Sorry to have missed your question. As for the fatwa, I'm sorry to say but you Pakistani people keep amazing me....Even Arabs will look at this as weird.

I don't know where they got it from or how they base it. Even Hollywood makes more sense.
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