LAW
Marriage in Isslaam
(A brief introduction to lead into studying the original text in the Holy Qor-aan)
Divine guidance for marriage is provided in 002:222. It declares improper to marry an idolater or idolatress because they lead to a real burning. This burning can include marital chaos and disturbance of the life that give heart-burns. On the other hand Allah invites to the blessings such as forgiveness and peaceful paradise. The successful marriages generally build on mutual respect, understanding and forgiveness. The 066:006 guides that the best wife is a believer, follower, loyal, sincere and worshiper. Happy healthy families serve the purposes of human procreation and evolution lot better. A home with loving environment is conducive to raise children who improve communities. Provisions floodlighting the issue from various different angles include 004:021, 004:025. Commentary Woman – Role in Evolution hints at the effects of discarding such protocol. History shows that a good marriage has contributed in the human evolution tremendously. Conversely the opposite has rung death knoll to others who violate it is stated in 007:082. Keeping chaste till marriage is ordered and forcing girls to flout that is forbidden – 024:034. Prohibited is marrying a woman who is related in any of the ways shown in verse 004:024.
Formation and dissolution of marriage in Islaam is done by contract. It requires an open and public proposal and acceptance by competent parties, a consideration, and witnesses.
(a) Marrying cousins is allowed (033:051) but prohibited with several other relations specified in 004:023 and 004:024. Open and public requirement is met by customarily manifesting intents to marry before a clergyman and two witnesses. Marrying slaves and widows (004:026; 024:033) is regulated just like marrying a free person.
(b) Manifestation of intent to marry can be expressed personally (002:236) or thru an authorized agent, Wali.
(c) The consideration called Huq-Mehr or dowry is fixed (002:237 & 238). It always remains a debt (004:025) until paid. It must be paid happily unless remitted voluntarily (004:005). Anyone who cannot financially afford to pay dower is recommended to remain chaste (024:034) until his situation improves.
(d) Many aspect of a divorce are dealt with in 002:229 to 242 and in the Notes placed at their ends. Some Notes show how failure to translate some clauses accurately has led to misrepresent the true teachings of Islam. And then the prohibitions and procedures are outlined in 004:020 to 023, 033:051 and 065:002.
Islaam does not recognize marriage between non-competent parties, man or woman, or living together. Such cohabitation is treated as an illicit relationship which is voidable as a marriage and illegal. Most sects stigmatize the children of such unions as illegitimate to block them from inheritances. This is one reason why Islaam sanctified and meticulously regulated the institution of marriages. The Holy Qor-aan has codified and specified every what, when, why or how aspect of marriage. But the clergy has added many cultural and communal values to marriage and called them Islamic. They-said-I-said-you-said-add-ons for centuries padded a Moslem marriage with huge burdens. Marriage, dower, divorce and no issue was left out of being disfigured from its original format. The 20th century Moslem legislatures have restored some original dictates in many nations.
Dissolution or Termination of marriage can be effected in several recognized ways.
(a) Wife’s right to dissolve her marriage is called Kholah. Permitted in 004:129 to 131, the exercise of that right has been extensively detailed in the 65th Chapter Ut-Talaaq (Divorce) and the 66th Chapter Ut-tuh-reem (Prohibition).
(b) Husband’s right to dissolve his marriage is called Talaq and is dealt at length in verses 002:228 to 002:238.
(c) Peer group of parties can counsel (065:003), try to save, or finally dissolve a marriage through the process commonly recognized in secular law as arbitration.
(d) Courts can dissolve a marriage by means of judicial decree in proper proceedings. Pakistani Shariat Law of 1962 and Egyptian laws illustrate judicial divorcing.
Historically, albeit incorrectly as shown in our Note 002:228, a man’s right to divorce was treated as absolute, subject to the requirement of publicly pronouncing such intent three times. Generally, wife’s dependence upon husband for living (004:035), husbands’ earning power and desire to dissolve marriage fast and clergy’s well-known greed to follow money, resulted in clerics’ approving ‘I divorce you’ announced three times in just one go. Husbands’ ability to divorce immediately has been checked by Laws in many Moslem states, legislating provisions already recognized by some Moslem schools which required that the 3 pronouncements must be 30 to 40 days apart. In accordance with the Holy Qor-aan they also promote reconciliation by interspersed periods of counseling. Ahmadiyya jurisprudence mandates counseling (004:036) and opportunity to reconcile as the first, essential prerequisite to dissolve a marriage as warranted (065:003).
Remarriages are encouraged in Islaam. Man can marry after divorce. Woman must observe a waiting period (065:002, 065:005) that range from 40 to 90 days when pregnancy, child’s paternity and rights of inheritance are confirmed. Polygamy is permitted based upon the prevalent interpretations of 004:004 but Moslems cannot practice it in western countries. For instance, USA Immigration Law categorically prohibits it. Some Moslem countries such as Pakistan have recently enacted laws that mandate wife’s prior, written consent before her husband is allowed to remarry. Academically and culturally Moslems encourage remarrying of divorcees but the clergy in some countries has fabricated heinous and humiliating immoral practices that are forced upon the divorced women before they can remarry. A Philadelphia Attorney asked me in 1992 as to the Islamic justification to imprison a divorced woman like he saw nearly 4,000 of them after World War II languishing in Egyptian and Turkish jails when each had been divorced and no man had yet come up to take her as a wife; my answer was the truth, “None whatsoever.”
The Holy Qor-aan mandates what is appropriate. Practicing its teachings would not have let many societal ills to crop up and surround marriage and divorce issues. The situation will get overhauled if those teachings are implemented in three areas.
a. Counseling both spouses if a marriage goes on the rocks.
b. Referring both parties to courts for judicial divorce if a party refuses counseling or arbitration by the peers.
c. Encouraging and helping divorced individuals in the community to remarry promptly.
Law – Marriage in Isslaam
LAW
Marriage in Isslaam
(A brief introduction to lead into studying the original text in the Holy Qor-aan)
Divine guidance for marriage is provided in 002:222. It declares improper to marry an idolater or idolatress because they lead to a real burning. This burning can include marital chaos and disturbance of the life that give heart-burns. On the other hand Allah invites to the blessings such as forgiveness and peaceful paradise. The successful marriages generally build on mutual respect, understanding and forgiveness. The 066:006 guides that the best wife is a believer, follower, loyal, sincere and worshiper. Happy healthy families serve the purposes of human procreation and evolution lot better. A home with loving environment is conducive to raise children who improve communities. Provisions floodlighting the issue from various different angles include 004:021, 004:025. Commentary Woman – Role in Evolution hints at the effects of discarding such protocol. History shows that a good marriage has contributed in the human evolution tremendously. Conversely the opposite has rung death knoll to others who violate it is stated in 007:082. Keeping chaste till marriage is ordered and forcing girls to flout that is forbidden – 024:034. Prohibited is marrying a woman who is related in any of the ways shown in verse 004:024.
Formation and dissolution of marriage in Islaam is done by contract. It requires an open and public proposal and acceptance by competent parties, a consideration, and witnesses.
(a) Marrying cousins is allowed (033:051) but prohibited with several other relations specified in 004:023 and 004:024. Open and public requirement is met by customarily manifesting intents to marry before a clergyman and two witnesses. Marrying slaves and widows (004:026; 024:033) is regulated just like marrying a free person.
(b) Manifestation of intent to marry can be expressed personally (002:236) or thru an authorized agent, Wali.
(c) The consideration called Huq-Mehr or dowry is fixed (002:237 & 238). It always remains a debt (004:025) until paid. It must be paid happily unless remitted voluntarily (004:005). Anyone who cannot financially afford to pay dower is recommended to remain chaste (024:034) until his situation improves.
(d) Many aspect of a divorce are dealt with in 002:229 to 242 and in the Notes placed at their ends. Some Notes show how failure to translate some clauses accurately has led to misrepresent the true teachings of Islam. And then the prohibitions and procedures are outlined in 004:020 to 023, 033:051 and 065:002.
Islaam does not recognize marriage between non-competent parties, man or woman, or living together. Such cohabitation is treated as an illicit relationship which is voidable as a marriage and illegal. Most sects stigmatize the children of such unions as illegitimate to block them from inheritances. This is one reason why Islaam sanctified and meticulously regulated the institution of marriages. The Holy Qor-aan has codified and specified every what, when, why or how aspect of marriage. But the clergy has added many cultural and communal values to marriage and called them Islamic. They-said-I-said-you-said-add-ons for centuries padded a Moslem marriage with huge burdens. Marriage, dower, divorce and no issue was left out of being disfigured from its original format. The 20th century Moslem legislatures have restored some original dictates in many nations.
Dissolution or Termination of marriage can be effected in several recognized ways.
(a) Wife’s right to dissolve her marriage is called Kholah. Permitted in 004:129 to 131, the exercise of that right has been extensively detailed in the 65th Chapter Ut-Talaaq (Divorce) and the 66th Chapter Ut-tuh-reem (Prohibition).
(b) Husband’s right to dissolve his marriage is called Talaq and is dealt at length in verses 002:228 to 002:238.
(c) Peer group of parties can counsel (065:003), try to save, or finally dissolve a marriage through the process commonly recognized in secular law as arbitration.
(d) Courts can dissolve a marriage by means of judicial decree in proper proceedings. Pakistani Shariat Law of 1962 and Egyptian laws illustrate judicial divorcing.
Historically, albeit incorrectly as shown in our Note 002:228, a man’s right to divorce was treated as absolute, subject to the requirement of publicly pronouncing such intent three times. Generally, wife’s dependence upon husband for living (004:035), husbands’ earning power and desire to dissolve marriage fast and clergy’s well-known greed to follow money, resulted in clerics’ approving ‘I divorce you’ announced three times in just one go. Husbands’ ability to divorce immediately has been checked by Laws in many Moslem states, legislating provisions already recognized by some Moslem schools which required that the 3 pronouncements must be 30 to 40 days apart. In accordance with the Holy Qor-aan they also promote reconciliation by interspersed periods of counseling. Ahmadiyya jurisprudence mandates counseling (004:036) and opportunity to reconcile as the first, essential prerequisite to dissolve a marriage as warranted (065:003).
Remarriages are encouraged in Islaam. Man can marry after divorce. Woman must observe a waiting period (065:002, 065:005) that range from 40 to 90 days when pregnancy, child’s paternity and rights of inheritance are confirmed. Polygamy is permitted based upon the prevalent interpretations of 004:004 but Moslems cannot practice it in western countries. For instance, USA Immigration Law categorically prohibits it. Some Moslem countries such as Pakistan have recently enacted laws that mandate wife’s prior, written consent before her husband is allowed to remarry. Academically and culturally Moslems encourage remarrying of divorcees but the clergy in some countries has fabricated heinous and humiliating immoral practices that are forced upon the divorced women before they can remarry. A Philadelphia Attorney asked me in 1992 as to the Islamic justification to imprison a divorced woman like he saw nearly 4,000 of them after World War II languishing in Egyptian and Turkish jails when each had been divorced and no man had yet come up to take her as a wife; my answer was the truth, “None whatsoever.”
The Holy Qor-aan mandates what is appropriate. Practicing its teachings would not have let many societal ills to crop up and surround marriage and divorce issues. The situation will get overhauled if those teachings are implemented in three areas.
a. Counseling both spouses if a marriage goes on the rocks.
b. Referring both parties to courts for judicial divorce if a party refuses counseling or arbitration by the peers.
c. Encouraging and helping divorced individuals in the community to remarry promptly.
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