Question regarding Islam

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BOYAH said:
@joy-energiniser.What are you talking about man.Islam practically redifined womens rights especially with regards to inheritance and divorce.Maybe you should do some research before coming on here with your nonsense.
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At the time yes. Today that stance is no longer valid.

Like stoning. At the time it was considered the standard way to execute someone. Today it is barbaric and horrific.
 
BOYAH said:
@joy-energiniser.What are you talking about man.Islam practically redifined womens rights especially with regards to inheritance and divorce.Maybe you should do some research before coming on here with your nonsense.
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Yeah right - I call BS.

South Africa: Divorcée challenging Muslim marriage

Source:
Sunday Times - Johannesburg
A Muslim divorcée is facing the wrath of religious leaders and her community for legally challenging 'Islamic law', which excludes her from a share of her wealthy former husband's estate.
Rhia Moolla, daughter of well-known Newcastle doctor Yacoob Moolla, has asked the Pietermaritzburg High Court to recognise her religious marriage to businessman Nazir Jamaloodeen as being on a par with a civil marriage and subject to dissolution by a court of law.
Facing a public gallery of Muslim clerics this week, Moolla told the court she did not regard herself as a torch-bearer for all Muslim women. She said while she regarded Muslim marriage as important, its consequences "did not sound fair to me ... there are so many beliefs on the consequences. "A marriage should be judged on its merits ... on how much a person put into the marriage."

Moolla wants the court to declare that the Divorce Act be applicable to her divorce to Jamaloodeen, which would entitle her to the consequences of civil law, including maintenance and custody. In terms of 'Islamic law', every Muslim marriage is automatically an "out of community of property" union, in which the husband and wife retain their respective estates if they divorce. But Moolla contends that her marriage was an in-community-of-property union, entitling her to half of her husband's estate.

If the court declares her marriage to be on a par with a civil marriage, it would effectively override 'Islamic law' and could see Muslim husbands forking out millions in settlements.

Moolla's court action has been widely condemned in her home town and by Muslim clerics.

A Port Elizabeth body -- the Mujlisul Ulama of South Africa -- has circulated a pamphlet throughout the country saying "it is haraam (forbidden) for Muslim divorced sisters to enlist the aid of the courts to extract haraam money from ex-husbands when a marriage breaks down and ends in divorce".
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The Sharaih Law allows that women do get a fair share of wealth from Inheritance and Divorces.They do get Money.Its not that they do not.The reason behind this way of thinking is that everyone keeps their estate should they break up.Now if it was the courts ruleing,The wealth shall be spilt into two.Now businesses and property may be loss due to the spilt up.The ruleing in islam is that each party retains what they put in.No person suffers a loss.Its perfectly fair.A poor person canot become rich by marrying those with more money and divorcing them.The women will still get a cut and the ex husband is responsible for taking care of her for 40days and he has to also support his children for life.Both party get a fair share of what wealth they have put in.The husband can give wealth to the ex wife to survive but thats out of his own choice.Its simple and fair and i hope some people would understand this.
 
zeyad 001 said:
The Sharaih Law allows that women do get a fair share of wealth from Inheritance and Divorces.They do get Money.Its not that they do not.The reason behind this way of thinking is that everyone keeps their estate should they break up.Now if it was the courts ruleing,The wealth shall be spilt into two.Now businesses and property may be loss due to the spilt up.The ruleing in islam is that each party retains what they put in.No person suffers a loss.Its perfectly fair.A poor person canot become rich by marrying those with more money and divorcing them.The women will still get a cut and the ex husband is responsible for taking care of her for 40days and he has to also support his children for life.Both party get a fair share of what wealth they have put in.The husband can give wealth to the ex wife to survive but thats out of his own choice.Its simple and fair and i hope some people would understand this.
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so what does the wife get if she was a housewife?
 
Umm dude ,you are in error.Every person should get a fair piece of which they put in.If you was a millionere then every women would want to marry you.Not because they love you or your qualitys.They want your money.They will then give you hell and you would have to split up half you foutune and when you divoiced then you half the man you were.Islam teach not to marry for wealth.You marry the person for their good qualitys.Their ethics.Monetary gain should not be a disire for getting married.
 
I'm still wondering what she would get in the event of a divorce if she were a housewife? (as most women would have been in the days these laws were created)
 
Sorry i am not sure about the pricise amount.I will find out tommrow and get it for you.All i know is that she would get a portion of money and she will have to be taken care of financial for the idah period which is around 40days to 3months.
 
zeyad 001 said:
Umm dude ,you are in error.Every person should get a fair piece of which they put in.If you was a millionere then every women would want to marry you.Not because they love you or your qualitys.They want your money.They will then give you hell and you would have to split up half you foutune and when you divoiced then you half the man you were.Islam teach not to marry for wealth.You marry the person for their good qualitys.Their ethics.Monetary gain should not be a disire for getting married.
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How very stereotypical :rolleyes:
 
Do I understand correctly - the husband can build a career while the wife raises the kids at home. So she is unable to accumulate and contribute financial assets. In the event of a divorce it is generously stipulated that she should be taken care of for FOURTY days. That about it?

Dude, if you think that's fair then you really haven't thought it through.

You also clearly don't understand SA estate and marriage laws - ANC with/without accrual, COP etc.
 
As in the article it states that
every Muslim marriage is automatically an "out of community of property" union, in which the husband and wife retain their respective estates if they divorce.
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This the default Status of the marriage even a non-Muslim who marries "out of community of property" will be subjugated to the same. Further more Islam make it clear that marriage is a contract between 2 people. So if she wanted a in-community-of-property union she should have stipulated that in the initial contract.

Try as you Might if a non-muslim got into a ("out of community of property" union) / Marriage the same would have applied. It is not the fault of the guy in this case that she did not know what she signed into, a bit like not reading the fine print.

I am in no way trying protecting the guy in this story pls understand this. Also understand that Islam does view marriage as contract. This contract can be as complex or as simple as the 2 parties involved feel necessary.
There are rules that defaults if nothing is mentioned in the contract about them. Like by default Marriage is a "out of community of property" union, but if she added a clause to stipulate otherwise the guy would not have a leg to stand on.

She can stipulate anything on the contract from silly things like she never wants to wash a dish as long as she is married to the guy, if the guy agrees well.... there is no arguing and she may even file for divorce as he broke the terms of contract if forced to wash a dish. To more complex issues, "let your imagination run free, anything under the sun if he agree's to it then ...:) " like this one shiehk said as advice to woman getting married. Of cos the can man put his requirements on the contract as well :)

Bottom line is if you don't read the fine print in any contract you may find your self getting burnt.
Simple matter really
 
oh and just to add you can change or add to the contract even after marriage. she can even add that the guy may not marry a second wife while married to her. again if he agrees... guess what ? he cant marry a second wife. its important to learn these things before marriage... there are many classes on the topic around cape town dont know of the area's like JHB or DBN but its still important to learn these matters either way
 
zeyad 001 said:
Umm dude ,you are in error.Every person should get a fair piece of which they put in.If you was a millionere then every women would want to marry you.Not because they love you or your qualitys.They want your money.They will then give you hell and you would have to split up half you foutune and when you divoiced then you half the man you were.Islam teach not to marry for wealth.You marry the person for their good qualitys.Their ethics.Monetary gain should not be a disire for getting married.
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Jeees , what type of women do you associate with ?
 
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Mineer said:
oh and just to add you can change or add to the contract even after marriage. she can even add that the guy may not marry a second wife while married to her. again if he agrees... guess what ? he cant marry a second wife. its important to learn these things before marriage... there are many classes on the topic around cape town dont know of the area's like JHB or DBN but its still important to learn these matters either way
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The highlighted part being the key !!!!

And another thing, polygamy belongs in the stone age.

EDIT: Another question, is Bigamy permitted in Islam ?
 
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Oh what a surprise, so islam view Marriage as a contract? isn't that just convenient for the male isn't it? By default Islam marriage is "out of community of property", so somehow among all the unfair rules and regulations that already Discriminate against Women , there is yet another situation where females lose out.

zeyad 001 said:
Umm dude ,you are in error.Every person should get a fair piece of which they put in.If you was a millionere then every women would want to marry you.Not because they love you or your qualitys.They want your money.They will then give you hell and you would have to split up half you foutune and when you divoiced then you half the man you were.Islam teach not to marry for wealth.You marry the person for their good qualitys.Their ethics.Monetary gain should not be a disire for getting married.
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Its "Fair" ? BULLSHlT! I say absolute BULLSHlT. Tell me, when this rule was created, were women even allowed to work for themsleves ? NO, they just had to wear their Ninja outfit, stay hidden in the house ALL DAY, mother children, make food,shut up and please the husband(for fear of a good old acid-in-the-face-splashing, or if the husband felt particulary vindictive, a good old stoning).

Shame, these poor women, can you imagine the fear they lived/live in, they are treated like pets/property, and now you have the audacity to tell me that this default status of islam marriage(out of community of property) is FAIR ? Oh please do not insult my intelligence.These rules was created by ISLAM MEN for ISLAM MEN, only to further suppress the women and insure that the men kept all the wealth.
 
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joy_Energiser said:
Oh what a surprise, so islam view Marriage as a contract? isn't that just convenient for the male isn't it? By default Islam marriage is "out of community of property", so somehow among all the unfair rules and regulations that already Discriminate against Women , there is yet another situation where females lose out.
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You get rich women also. Come on. It goes both ways

+1 on all Mineer's posts.
 
joy_Energiser said:
Oh please do not insult my intelligence
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Joy, dude, Relax.

Please try and look at it subjectively. You basing your opinions on what someone has said. Do some research please. Remember that the Qur'aan was revealed 1400 years ago. Islam revolutionised women's rights at the time. It is an all-time green card for a peaceful living if everyone could've abided by the rules.

Remember that there were 1000's of generations before us, each with their own set of problems. We have our own as well. Don't think that what you are experiencing now people didn't experience then - it was way worse for women then. Now that because there are minor (valid) restrictions on women everyone thinks that women are oppressed. Everything has a purpose, its up to you to either look for the purpose and make a decision or don't look for the purpose and make your decision. At the end of the day you can think what you want, so can the entire world but those who actually practice the religion know exactly that there is much knowledge in Islam's teachings. Divine knowledge. Things that bring balance and equilibrium in ways where it seems impossible for a man to think up.
 
Frankie said:
The highlighted part being the key !!!!

And another thing, polygamy belongs in the stone age.

EDIT: Another question, is Bigamy permitted in Islam ?
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If he agrees to the contract Frank Man. If he agrees to the contract.

If he agrees to the contract where the wife says she doesn't want him to marry other women then he cannot marry another woman. If he doesn't agree to the contract then that means he had other plans and the women was probably better off not marrying gim. The man needs the consent of his wife first for him to marry again, If she says she wont be happy if he does he cant. The only reason a man would've married more than once is not for sexual options. It was to provide for those that did not have a husband or that their husband died in battle/illness


Say for instance there are more women on earth then men, if all the men marry one women the balance of women would have to live a life without a man in their life. Polygamy prevented women from experiencing this. These days the women to men ratio is more or less equal so its unlikely that you find that multiple marriages in real world experiences. Those that do have multiple wives you know what the reason is.

If you want to you can marry one woman, or two women, or three or four, no more. All based on the consensus of your wife/wives.
 
@leostar.Its BOYAH.Let's say for arguments sake, you catch you wife in with the gardener doing hedge trimming that you don't approve of and you decide to divorce her.Would you be happy if she was entitled to half of everything you own.
@porchrat.2:28 of the Quran says that a woman has rights over a man with regards to living expenses,which means that he has to fork out for her even after a divorce if she is a housewife.
@joy energeniser.Your shamefull language is not welcome on this thread.
 
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