Cleric terms Women’s Protection Bill contrary to Islamic Sharia

[shah_123]

Your Sharia is generally out dated. I give you an example:

As per Islamic rules if a woman's husband is disappeared and there is no news about him, the woman will go to the qazi and complain. The qazi will give her ten years time to wait. After that period she will again appear before the qazi and tell that she has waited for ten years but finds no news from him. The qazi will then cancel the marriage and say that she now can marry elsewhere if she wants to.

In the above example due to long voyages of that times it is understandable to wait for ten years. But now with the fast communication and transportation, if a person is disappeared for even a week, it is enough to believe that he is killed either in road accident or gun shot. Some progressive scholars do argue that this rule needs to be changed and one year is enough.
@Bratva @airmarshal @Akheilos

What a Pity ...........
actually your knowledge is Out Dated, do some research instead of spreading around false information ( the ten years example)

anyways,
i just wanted to post this news.

Man divorces wife for filing torture complaint - Pakistan - DAWN.COM

VEHARI: A man divorced his wife after she got him arrested for subjecting her to torture at Lakha Luddan village.

Nasim Bibi, a resident of mauza Lakha Luddan, filed a complaint two days ago with Luddan police against her husband, Khadim Husain, for subjecting her to physical torture.

The police booked Husain under Section 107/151 of the PPC.

On Tuesday, after securing a bail from a local court, Khadim Husain divorced Nasim Bibi.

Denying the torture allegation, he claimed that he had only admonished his wife for “misuse” of mobile phone.

Though Husain was booked under PPC sections, SHO Rana Khalid claimed police were bound to take action on torture complaints after enactment of women’s protection law.

Published in Dawn, March 17th, 2016

 

[Salik]

What a Pity ...........
actually your knowledge is Out Dated, do some research instead of spreading around false information ( the ten years example)

There has been disagreement among the scholars over this issue. If you reject ten years view point which is careful one, you have harsher approach i.e. Hanfi an Shafi'e suggest that wife should wait for indefinite time period. However Maliki and Hanbali suggest four years which is also centuries old suggestion. Nothing has been reviewed in today's context of 21st . century.

Legal status of a marriage made after husband long absence, but he returns - Islam web - English

Man divorces wife for filing torture complaint - Pakistan - DAWN.COM

VEHARI: A man divorced his wife after she got him arrested for subjecting her to torture at Lakha Luddan village.

Nasim Bibi, a resident of mauza Lakha Luddan, filed a complaint two days ago with Luddan police against her husband, Khadim Husain, for subjecting her to physical torture.

The police booked Husain under Section 107/151 of the PPC.

On Tuesday, after securing a bail from a local court, Khadim Husain divorced Nasim Bibi.

Denying the torture allegation, he claimed that he had only admonished his wife for “misuse” of mobile phone.

Though Husain was booked under PPC sections, SHO Rana Khalid claimed police were bound to take action on torture complaints after enactment of women’s protection law.

Published in Dawn, March 17th, 2016

That is, have a crystal clear mind. Live in harmony or just separate.

 

[shah_123]

There has been disagreement among the scholars over this issue. If you reject ten years view point which is careful one, you have harsher approach i.e. Hanfi an Shafi'e suggest that wife should wait for indefinite time period. However Maliki and Hanbali suggest four years which is also centuries old suggestion. Nothing has been reviewed in today's context of 21st . century.

Legal status of a marriage made after husband long absence, but he returns - Islam web - English



That is, have a crystal clear mind. Live in harmony or just separate.

This matter comes under juristic discretion i.e ijtihad, the judges ruling will override the disagreement of jurists on this matter --- It depends on the specific case, the judge can even dissolve marriage within a month of filing the case.

There's nothing in Quran & Sunnah which determines the duration for waiting for a missing husband, this is a matter of ijtihad and the reason Scholars are hesitant to determine short term duration for waiting is , say 1 year, what if the husband shows up; this will open up another sets of problems.

 

[Salik]

This matter comes under juristic discretion i.e ijtihad, the judges ruling will override the disagreement of jurists on this matter --- It depends on the specific case, the judge can even dissolve marriage within a month of filing the case.

There's nothing in Quran & Sunnah which determines the duration for waiting for a missing husband, this is a matter of ijtihad and the reason Scholars are hesitant to determine short term duration for waiting is , say 1 year, what if the husband shows up; this will open up another sets of problems.

What if the husband shows up after twenty years? Anything is possible. The point is when state makes a law there must not be any confusion after that. As the Holy Quran says, "Obey Allah and obey the Apostle and those charged with authority among you".

 

[shah_123]

What if the husband shows up after twenty years? Anything is possible. The point is when state makes a law there must not be any confusion after that. As the Holy Quran says, "Obey Allah and obey the Apostle and those charged with authority among you".

still there got to be a reasonable time limit, now it can't be 4-5 months after the husband goes missing, but still, as i said before; it's up to the Judge.

that's right, obey those charged with authority among you, as long as the authority doesn't cross the boundaries set by Islam.

“There is no obedience of the creation wherein there is disobedience to the Creator.” (Musnad Ahmad)

btw, any other aspect of shariah you consider outdated ( like ten years missing, which turned out not to be outdated)

 

[Salik]

still there got to be a reasonable time limit, now it can't be 4-5 months after the husband goes missing, but still, as i said before; it's up to the Judge.

that's right, obey those charged with authority among you, as long as the authority doesn't cross the boundaries set by Islam.

“There is no obedience of the creation wherein there is disobedience to the Creator.” (Musnad Ahmad)

btw, any other aspect of shariah you consider outdated ( like ten years missing, which turned out not to be outdated)

Dear i rephrase my point then you'll find how things get outdated in short time line.


IMAAM HANFI year of death : 150 AH

IMAAM MALIK year of death : 179 AH

IMAAM SHAFIE year of death : 204 AH

IMAAM AHMAD year of death : 241 AH


Now in this husband's disappearance case first IMAAM has a view point the second IMAAM differs. Third IMAAM has a view point and fourth one differs. Imaam Abu Hanifa says wife should wait till there's confromed news about his husband, means indefinite time. And the last Imaam Ahmad bin Hambal says the wife should wait upto 4 to 5 years and find new life partner after that.

A judge can't decide on his own but in the light of the teachings of these four Imaams. Means he can't give less than four years in any case.

These Imaams had age difference of 30~40 years. And 1200 years from today. Imagine the gap from now and then. In the same principle you can find many issues that need to be reviewed.

It is only possible when we do lagislation. Hope you won't say its un Islamic because it is in the spirit of these Imaam's pratice.

 

[shah_123]

Dear i rephrase my point then you'll find how things get outdated in short time line.


IMAAM HANFI year of death : 150 AH

IMAAM MALIK year of death : 179 AH

IMAAM SHAFIE year of death : 204 AH

IMAAM AHMAD year of death : 241 AH


Now in this husband's disappearance case first IMAAM has a view point the second IMAAM differs. Third IMAAM has a view point and fourth one differs. Imaam Abu Hanifa says wife should wait till there's confromed news about his husband, means indefinite time. And the last Imaam Ahmad bin Hambal says the wife should wait upto 4 to 5 years and find new life partner after that.

A judge can't decide on his own but in the light of the teachings of these four Imaams. Means he can't give less than four years in any case.

These Imaams had age difference of 30~40 years. And 1200 years from today. Imagine the gap from now and then. In the same principle you can find many issues that need to be reviewed.

It is only possible when we do lagislation. Hope you won't say its un Islamic because it is in the spirit of these Imaam's pratice.

Meray Bhai! whatever i said, it was under the light of fatwas from Hanafi Scholars --- You say it's out dated (missing husband 10 years), i gave you the opinion of Scholars that in such cases, it's the juristic discretion of the Judge, he can dissolve the marriage even within months of husband gone missing ---- So what's the issue now ?

and if in our's system, the minimum period is set 4 years, please don't blame Scholars for this (as i have already given the opinion of Scholars); the blame is on the legislature.

and Why would i say that legislation is unislamic?

 

[AHMED85]

Dawn reported a women who is divorced to concerned police in little house clash with husband. As I think you all are the biggest stakeholder of women right can remarrying divorced & widowed women's as biggest supporter or only trigger women's with your games.


Surely you like untouch Car.
Lol

 

[ghazi52]

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