Monday, October 29, 2018
Surah at Talaq, 65.........9th discourse.
friends, dato and tanseri,
some of my ladies friends, on listening to this tafseer of surah at talaq, wrote back to me
that the shariah position on talaq , is biased towards men!
in fact one told me openly that, ' dr nik! please stop sending me this talaq tafseer!..'
there is a popular misconception that the shariah court is biased towards men.
but for me, listening to the shaykh carefully all up to the present stage, the' law is the law ', how unpleasant it may sound to your ears.
there are basic fundamental differences between the sublime[ sharie] and the secular.
if we are coming from a secular perspective, for example on matters of custody, this is skewed to women.
in shariah it is the other way round, generally speaking.....at least from the rather superficial consideration.
but let us examine the inherent godly wisdom here:
a divorced young lady with say three children, will have a bleak future in term of a 2nd marriage, not the men.
if he has the financial resources, a 2nd marriage after a divorce is very possible
'maintanence' in the syarie perspective is , even in the case of the pregnant women, only up to period of breast feeding.
in the secular perspective, one has to split one's income and one property 50:50 and prop up one's ex wife for life until she remarries!.....and mind you, in the west, that could well be lifelong since there is no necessity to get married anymore!
feminists are all up in arms against the shariah!
they are looking at talaq all the time from a 'secular' spectacle.
at least in our local shariah court, the concept of 'harta sepencarian', allows women to seek legal remedy, if they, allah forbid, find the marriages half through, no longer tenable.
from my 'unschooled', 'unlegal' perspective at least, most modern young muslim women can at least not find themselves, ditched homeless, if early on in their married life insist that their husband at least put both names as the shared owners of their marital home.
as to further 'harta sepencarian', these unhappy divorced couples could settle themselves amicably with the help of good syarie lawyers, which can be quite expensive.
court matters, syarie or secular, are exorbitant, but if it come to that kind of blows and counterblows, it is a necessary evil.
allahualam
dr nik isahak wan abdullah
[ https://www.youtube.com/watch?v=0uLYLsg_sqA ]
1:17:00 on cina buta at the very end of the discourse.....NO!
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