friends , dato and tanseri,
in the question time of the 4th discourse the good shaykh explained that there is no such thing as 'alimony' in a muslim divorce.
beyond the iddah period there is no 'free lunch or dinner' for the divorced lady.
getting 50 % of one's ex husband's earnings and property and as in the west, even future earnings, are the preserve of 'secular courts'!
this would come as a shock to ladies and feminists amongst us vis a vis 'sisters in islam and people sewaktu dengan mereka'.
to remedy this , in some syarie courts such as in malaysia, we have the concept of 'harta sepencarian'.
elsewhere in the western diaspora, people resort to the secular courts, since marriages in these muslim minority countries oftentimes take place both in the civil way [ as a ruling of the country] as well as from the islamic perspective.
this state of the shariah ruling may appear harsh to women on superficial consideration.
it appear harsh to even me but this is allah's ruling.....
in HIS ultimate wisdom HE knows best.
perhaps the law of talaq is closely related to the law of inheritance.
in traditional muslim society of old where do poor, unpropertied divorced single ladies go to after their iddah?
to their male brothers' family......brothers who had two shares of whatever his father or mother left as inheritance!
the beauty of islam !
the male siblings are the haven to the sisters!
so few of us male siblings know and practice this nowadays.
most of us take our inheritance being double of our sisters as our god given right and gift, forgeting our awesome responsibilty to them in later adult life, if they were unfortunate enought to fall on the wrong end of this journey that we call life.
some even have the temerity to ask their sisters to give their half shares to them !
our sisters met, got in love, and subsequently got married....but as marriages go, they are not made in heaven, some of them are bound to fail due to a multiplicity of reasons and human failings.
we, as the brothers , have to be there for them.
' there is no such thing as a free lunch bru..!'
allahualam!
dr nik isahak
commentary by shaykh dr haitham al haddad, 4th discourse
[ https://www.youtube.com/watch?v=MPivCOCmAck ]
4.00 talaq bida'ah......its technicalities and ramifications, but the talaq is operative and valid. it is a sin, but the talaq is valid.
10.20 after 3 talaq .............even in the west, np, espepecially in the west,scholars have a lot of constraints . no mention of 'cina buta ' even here.
28:44 rujuk can be automatic after intimacy between the couple.
31:20 in islam , to prevent escalation of divorce, separation during iddah should be avoided
44:10 love is not the only basis of a marriage in islam.......
1:07:10 in the islamic legal system, it is haram for wife to take 50 % of husband's property
after divorce !!........as in the secular system. [ xxxxx]
[ xxxxxxx ]
........in the local context, a divorced woman in malaysia does not need to go to a secular court to
get 'maintainence' or 'alimony' for want of better terms.
there are provisions in the syarie court.
they have to know their rights.
read the following:
[ http://www.jksnpp.gov.my/jksnpphq/index.php/18-penerbitan-mahkamah/84-harta-sepencarian-konsep-dan-amalan ]
No comments:
Post a Comment