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Thursday, July 10, 2008

[chottala.com] Re: [khabor.com] Q TO SIR HANNAN--about observations of a letter writer

Dear Mr. Shah Abdul Hannan.
 
Assalamualaikum. I enjoy reading your mails and i respect you a lot as a good human being.
 
I also think highly of you when it comes to your opinion. However, i respectfully disagree with the comment you made in your below mail. I think we should be more loving and caring towards people who hate Islam and Muslims. The reason is that... that's the only way we can show them why Muslims are better. I think we can overcome lot of the problems we are facing today as Muslims, if we are more tolerant and follow the biggest teaching of our beloved Prophet which is humanity.
 
I'm sure you are a way better Muslim than me and also accept that you have much much more knowledge than me when it comes to Islam. Pls accept my sincere apology if I offended you in any way.
 
I urge myself and all Islam loving people that we should embrace atheists and Islam hater more as we might be able to help them and bring them to the right path.
 
May allah give us all a long happy life, accepts our prayers, and keep us under HIS mercy.
 
Fi Amanillah.
Helal
Toronto, ON


S A Hannan <sahannan@sonarbangladesh.com> wrote:
Dear members,
 
Assalamu Alaikum.In divorce issue, there is agreement among scholars on most issues, for instance that man and woman have  right of divorce , that the consequences of one talaq and completion of Iddah has the same consequence, pronouncing two talaqs in two different times has also the same consequences and so on ( please see tafsir Tafhimul Quran, introduction of Sura Talaq )
 
 
The main difference among the jurists in understanding the Quran and Sunnah has been whether three talaqs at a time will be effective .A group of scholars think that this is an innovation in talaq procedure but the talaq will be effective.
 
On the other hand another group of scholars have  understood it on their over-all assess ment of Quranic and Sunnah provisions that three talaqs will be considered as one talaq with its consequences.I agree with this group on the basis of my study.
 
Mr SKM quotes Abul Qasem sahib.In the past I have observed him writing constantlyagainst Islam , most probably he is an atheist of top class.No explanation from him is accetable to believers , no body accepts devil's explanation or interpretation of scripture.
 
Shah Abdul Hannan
----- Original Message -----
From: Syed Mirza
Sent: Wednesday, July 09, 2008 6:17 AM
Subject: Re: [khabor.com] Q TO SIR HANNAN

With due respect to all, I like to reiterate that the name of the game of islam is 180 degree contradictions in almost anything that human life involves. Example, in this thread, all of the participants are right, at least, in some ways. Thy all have the supports from Koran, Sahi hadiths, Islamic scholars you name it. But problem is, there is no POPE in Islam to give any final say to anything about islam. In islam, Koran and Sunnah are the POPAL guidance. Unfortunately, these two guidances are replete with 180 degree contradictions. So, everybody can claim he is right and others are wrong. Problem is who is to decide what is right or wrong and when that will be done for the muslims? Could anybody tell that? 
 
Below are some eye opening facts about DIVORCE IN ISLAM for the readers. Entire article can be read by clicking to the URL address:
 
 
 
 
Women rights to divorce
 
By Abul Kasem. ( Part-5 and 6)
 
 
 

Divorce by husband 

Divorce in Islam is very simple and straightforward. A man says to his wife 'you are divorced' in front of two male witnesses (either verbal or written) and that is all it requires to get rid of a woman whom a man does not want to keep any more.  The only requirement is that the husband must maintain her until her idda (waiting period to confirm see whether she is pregnant or not) is over.  If you are familiar with Islamic rules on divorce, then of course you do not need to read this section. 
Divorced women wait 3 monthly periods...2:228 
002.228
YUSUFALI: Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah Hath created in their wombs, if they have faith in Allah and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. And Allah is Exalted in Power, Wise.
Many apologists try to camouflage the unfairness in Islamic divorce by saying that divorce is the most disdainful action in Allah's eyes.  So, a man must not divorce his wife/s without a good reason.  How true is this rhetoric from the point of view of 'real Islam'?  Let us see. 
No reason required for divorce (Ref: 7, vol. I, p234)
He should not expose her secrets whether in divorce or during the marriage. As it was narrated regarding exposing the women's secrets, that it is a great threat, and it was narrated of one of the righteous people, that when he wanted to divorce a woman, he was asked what reason he had for divorcing her, he said: "The man of sound mind does not disclose his wife's secrets.: so when he divorced her he was asked: "Why did you divorce her"? he replied: "I have no right to speak about the wife of someone else." 
Even the Sha'ria expert, Abdur Rahman I. Doi writes that as per Hanafi rule no reason is required to divorce one's wife/s (Ref: 9, p173). 
Divorce belongs to men and women have the idda-(Malik's Muwatta 29.24.70) 
Book 29, Number 29.24.70:
Yahya related to me from Malik from Yahya ibn Said and from Yazid ibn Abdullah ibn Qusayt al-Laythi that Said ibn al-Musayyab said, ''Umar ibn al-Khattab said, 'If a woman is divorced and has one or two periods and then stops menstruating, she must wait nine months. If it is clear that she is pregnant, that is that. If not, she must do an idda of three months after the nine, and then she is free to marry.' "
Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "Divorce belongs to men, and women have the idda."
If a man said to his wife 'you are haram for me ' then it is counted as three pronouncements of divorce-(Malik's Muwatta 29.1.6) 
Book 29, Number 29.1.6:
Yahya related to me from Malik that he had heard that Ali ibn Abi Talib used to say that if a man said to his wife, "You are haram for me," it counted as three pronouncements of divorce.
Malik said, "That is the best of what I have heard on the subject." 
If you say " I cut myself off from you" or " you are abandoned" then it is considered as three pronouncements of divorce; if marriage is consummated then three pronouncements; if not consummated then one pronouncement-(Malik's Muwatta 29.1.7) 
Book 29, Number 29.1.7:
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that statements like "I cut myself off from you",or"You are abandoned", were considered as three pronouncements of divorce.
Malik said that any strong statements such as these or others were considered as three pronouncements of divorce for a woman whose marriage had been consummated. In the case of a woman whose marriage had not been consummated, the man was asked to make an oath on his deen, as to whether he had intended one or three pronouncements of divorce. If he had intended one pronouncement, he was asked to make an oath by Allah to confirm it, and he became a suitor among other suitors, because a woman whose marriage had been consummated, required three pronouncements of divorce to make her inaccessible for the husband, whilst only one pronouncement was needed to make a woman whose marriage had not been consummated inaccessible.
Malik added, "That is the best of what I have heard about the matter." 
It is all but abundantly clear that divorce in Islam is really a matter to be decided by the husband.  He has the absolute authority of when and for what reason (or no reason) he could get rid of his unwanted wife/s. 
The implication of all these is that a Muslim man could simply reorganise his harem at any time he desires.  He could divorce all his four wives in one sitting and replace them with new ones, just like replacing old cars with new models.  
Many Islamists try to fool the gullible Muslims by writing that a divorced wife is entitled to alimony/maintenance. This is absolutely false.  The only time period for which a divorced wife gets her alimony is during her period of 'Idda' (provided the divorce is not final: see rules on Sha'ria above).  Please read the following rules from Sha'ria.  Now contrast these 'divine laws' of Allah with the secular laws on alimony where a dependent spouse is, by law, receives regular maintenance allowance/alimony from his/her earning partner.  In fact, in Australia, the government authority automatically deducts this alimony and sends the money to the dependent spouse before the earning partner receives his/her paycheck.  Now, think for a while, what is the recourse for a divorced woman in an Islamic society?  How is she going to live when her husband deserts her?  Where shall she go?  Whm shall she turn to?  Please think of this if your brother-in-law divorces his wife (your sister) or your son-in-law divorces your daughter.  What choice/s do they have?
There is no maintenance allowance or lodging for the wife who has been given an irrevocable divorce (case of Fatima bint Qais)-(Shahih Muslim  3514) 
Book 009, Number 3514:
Fatima bint Qais reported that her husband al-Makhzulmi divorced her and refused to pay her maintenance allowance. So she came to Allah's Messenger (may peace he upon him) and informed him, whereupon he said: There is no maintenance allowance for you, and you better go to the house of Ibn Umm Maktum and live with him for he is a blind man and you can put off your clothes in his house (i. e. you shall not face much difficulty in observing purdah there). 
There is no provision for lodging and maintenance if the divorce is through pronouncements-(Shahih Muslim 9.3530) 
Book 009, Number 3530:
Fatima bint Qais (Allah be pleased with her) reported: My husband divorced me with three pronouncements and Allah's Messenger (may peace be upon him) made no provision for lodging and maintenance allowance. 
Maintenance is applicable only when the divorced wife is pregnant-(Shahih Muslim 9.3518)
Book 009, Number 3518:
'Ubaidullah b. 'Abdullah b. 'Utba reported that 'Amr b. Hafs b. al-Mughira set out along with 'Ali b. Abi Talib (Allah be pleased with him) to the Yemen and sent to his wife the one pronouncement of divorce which was still left from the (irrevocable) divorce; and he commanded al-Harith b. Hisham and 'Ayyash b. Abu Rabi'a to give her maintenance allowance. They said to her: By Allah, there is no maintenance allowance for you, except in case you are pregnant. She came to Allah's Apostle (may peace he upon him) and mentioned their opinion to him, whereupon he said: There is no maintenance allowance for you. Then she sought permission to move (to another place), and he (the Holy Prophet) permitted her. She said: Allah's Messenger, where (should I go)? He said: To the house of Ibn Umm Maktum and, as he is blind, she could put off her garments in his presence and he would not see her. And when her 'Idda was over. Allah's Apostle (may peace be upon him) married her to Usama b. Zaid. Marwan (the governor of Medina) sent Qabisa b. Dhuwaib in order to ask her about this hadith, and she narrated it to him, whereupon Marwan said: We have not heard this hadith but from a woman. We would adopt a safe (path) where we found the people. Fatima said that when these words of, Marwan were conveyed to her. There is between me and you the word of Allah, the Exalted and Majestic: Do" not turn them out" of their houses. She asserted: This is in regard to the revocable divorce what new (turn can the event take) after three pronouncements (separation between irrevocable). Why do you say there is no maintenance allowance for her if she is not pregnant? Then on what ground do you restrain her? 
Islamists often take pride in saying that an Islamic woman also has the right to divorce his husband. I shall write more on this so-called 'khul' in a later section. 
Hila marriage
Once a husband divorces his wife irrevocably or with three pronouncements, that woman becomes totally 'haram' for him.  He cannot remarry her until she marries another man and the marriage is consummated and that temporary husband divorces her.  Only after this second divorce takes place and the woman goes through her normal idda (3 periods) then only the former husband can re-marry her.  Islamists often cite this as a deterrent for the husband to think carefully before divorcing his wife/s irrevocably.  If that is the case, then why should the woman be penalised?  After all, it was the husband who caused the divorce.  Therefore, he should receive the punishment, if any, for re-marriage. Why not the 'hila' marriage be imposed for the husband?  Why should the woman receive the ignominy of the temporary marriage?  Hila marriage is sanctioned in Qur'an in verse 2:230
002.230
YUSUFALI: So if a husband divorces his wife (irrevocably), He cannot, after that, re-marry her until after she has married another husband and He has divorced her. In that case there is no blame on either of them if they re-unite, provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah, which He makes plain to those who understand.
This is what the founder of Maliki School of jurisprudence says.
A three times divorced woman must marry another man and must taste the sweetness of intercourse (hila marriage) before she can remarry her former husband-(Malik's Muwatta 28.7.18) 
Book 28, Number 28.7.18:
Yahya related to me from Malik from Yahya ibn Said from al-Qasim ibn Muhammad that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said when asked whether it was permissible for a man to marry again a wife he had divorced irrevocably if she had married another man who divorced her before consummating the marriage, "Not until she has tasted the sweetness of intercourse."
Women's right for sex 
Up to now, we only saw the husbands absolute right over his wife/s sexual organs.  How about the wife/s right for sex?  Islam recognizes that women do need sex as well.  However, they must not be too demanding on this.  They must wait until her husband has the mood to satisfy her.  Look at the unfairness.  We saw in earlier sections that a woman should never say 'no' when her husband demands sex from her.  But her husband is not obliged to entertain her request at her call.  She must remain controlled and docile and be patient when it comes to her appetite for sex.  A husband is allowed to have sex with up to four women at a time and with unlimited number of sex-slaves and female captives.  How about the wife?  Nope.  She cannot have those indulgences.  If the husband is not available to satisfy her, she must remain chaste at all cost.  She can never turn to any alternative meansto satisfy her (like male slave, male captives etc.).  It's a no no!  The Sha'ria forbids it and it will put her to death by stoning if this kind of forbidden indulgence is proven in an Islamic court.  How fair Allah's laws are! 
 
(Posted by SKM) 
 
 
 
 
 


 
On 7/8/08, Badrul Mahmud <hasan.mahmud@hotmail.com> wrote:
Thanks - I sent this mail and the following info to them.
 
1. The world-famous Sharia-scholar of the world Dr. Abdur Rahman Doi wrote in his book SHARIAH THE ISLAMIC LAW page 179,  
 "Many years after the death of the Prophet (SA) a new form of divorce made its appearance as an innovation (Bidah). In this form, Talaq becomes irrevocable as soon as it is pronounced. It happens this way: the husband utters the formula "I divorce you, I divorce you, I divorce you" in one sitting or conveys it to the wife in writing. This form of divorce leaves no room for reconsideration and no chance for repentance. This is usually done by ignorant Muslims to satisfy their selfish motives. When these ignorant people pronounce divorce thrice at one and the same sitting, they commit a heinous sin against the percepts of the Shariah. The holy Prophet has very severely denounced this practice and Sayyidna Umar used to whip the husband who pronounced divorce thrice at one and the same sitting".
 
2. Mawlana Wahiduddin records in his WOMAN IN ISLAMIC SHARIAH page 108-109:- "In the Prophet's lifetime, then under the Caliphate of Abu Bakr and also during the early period of the Caliphate of Umar, three utterance of Talaq on one occasion used to be taken together as only one utterance".
 

3.  The famous Islamic scholar Dr. Asghar Ali Engineer also strongly denounce Instant Divorce and explains the reason of Hj. Omar's contextual act. The context is supported by Maolana Wahiduddin also, it was not eternal verdict.  
 
4. Instant divorce is not allowed in Maliki and Hanbali Sharia laws.
 
Regards, hope the home is saved.
 
Hasan Mahmud
(Strange and no pun intended, our conscience failed us so much that we have to go to distant past to know Instant Divorce is a severe insult and torture on Muslim women in the name of Islam).



To: khabor@yahoogroups.com
From: sahannan@sonarbangladesh.com
Date: Tue, 8 Jul 2008 06:03:43 -0700
Subject: Re: [khabor.com] Q TO SIR HANNAN


Dear brother,
 
Assalamu Alaikum.I agree with Kaukab Siddique sb who has said no or that in this case  talaq is not valid.
 
As you know there are two views among jurists, I support the view which says that three Talaq at a time or Talaq in anger is not valid.
As there are differences among jurists, any body can follow this view ..
 
Shah Abdul Hannan
----- Original Message -----
Sent: Monday, July 07, 2008 7:39 AM
Subject: RE: [khabor.com] Q TO SIR HANNAN

 
Sorry, it was a typo.
 
The reason of my Q is, - a young couple is going through this trouble in England. 
 
I told them the divorce was not valid and the related documents are shown in my movie HILLA (recently completed in BD - the actors are Raisul Islam Asad and Ilora Gowhar). But they want to get it from a known Islamic scholars.
 
We have positive responses from some Mawlanas of BD but a positive reply from Sir Hannan will strengthen the process of saving a Muslim home.

Hasan Mahmud



To: khabor@yahoogroups.com
From: msa40@aol.com
Date: Sun, 6 Jul 2008 19:07:27 -0400
Subject: Re: [khabor.com] Q TO SIR HANNAN


[My question to Sir Hannan, based on Sura Bakara 128, 129 and Sura Twalaq 1. 2 - is the divorce valid and final? ]
 
Comment: Sura Baqara verse numbers are not correct. These should read 2:228 & 229.
 
Mohammad Asghar

 
 




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