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Deen Muhammed: Disinformation comes from people who know ittle of the real Islam

Reader comment on item: The Deceits of Bridges TV
in response to reader comment: Muslim women have FULL right under Islamic Law to ask for a Divorce- it's called KHULA

Submitted by Plato (India), Feb 27, 2009 at 10:09

Deen Muhammed you wrote:

>>POINT 1

Mr Muzzammil (the killer) has told a lie to the police. Islam gives full rights to the women to ask for a Divorce. It is called a KHULA in Arabic. And we know from Ahadith (sayings of the Prophet Muhammed) that in his time, his own cousin Zainab asked for a Divorce from her husband named Harith.

And the prophet honored that.<<

Your statement: 'Islam gives full rights to the women to ask for a Divorce' is very deceptive. It does not tell us whether after she has exercised this right to her right to ask for divorce whether the husband is under any obligation to grant her wish. Let me show that he is NOT obliged to grant what she asks.

Here is a recent ruling on Khul:

In the name of Allah, Most Compassionate, Most Merciful,

In the situation where a woman can no longer remain in the marriage of her husband and all attempts to save the marriage have failed, then the ideal solution would be for her to obtain a divorce from the husband. The husband, seeing that the marriage is futile and there is no hope of reconcilement, should also issue one divorce according to the prescribed method in Shariah.

However, in the case where the husband refuses to issue a divorce, the wife may persuade the husband to enter into an agreement of Khul' (a release for payment from the wife). The wife may also opt to forgive the husband from paying her dowry (mahr).

Khul' is an Arabic term that literally means 'to take out' and 'remove'. The Arabs say: "Khala'tu al-libas" (I took off my cloths). Similarly, Allah Almighty said to Sayyiduna Musa (Peace be upon him) when he went to receive the sacred law:

"Verily I am your lord! Therefore, take off (fakhla') your shoes." (Surah Ta Ha, 12)

The lexical definition of Khul' as explained by the famous Hanafi Mujtahid, Ibn Humam is as follows:

"To remove the union of marriage in exchange of a financial settlement with the words of Khul." (Ibn Humam, Fath al-Qadir, 3/1999)

Similar to other agreements and transactions, an agreement on Khul' will also come into effect by acceptance and offer. (al-Kasani, Bada'i al- Sana'i, 3/145 & Radd al-Muhtar, 2/606)

The couple can normally agree upon any financial arrangement they desire. However, the Fuqaha state that, if the husband was at fault and it was his wrongdoings that resulted in the failure of their marriage, then it is impermissible for him to demand a financial payment in return for a divorce. He should divorce the wife without demanding anything in return.

……………
And Allah knows best

Muhammad ibn Adam
Darul Iftaa
Leicester , UK

http://www.central-mosque.com/fiqh/khula.htm

Deen Muhammed read this fatwa and notice how unfair it is to the wife.

You will notice from the words I have underlined that the husband is under NO OBLIGATION to grant the divorce. Nor does it say anywhere that the judge should grant the divorce in case the husband refuses to do so. In the last sentence I underlined it says the husband cannot demand financial payment from the wife if it was his fault. In a divorce situation how many husbands will admit they were at fault, and how will any judge know what happened behind closed doors?

What often happens is that when a husband wants to extract money from a rich wife or a woman with a rich family, he maltreats her and demands money for divorce. Allah seems to have forgotten to attend to this situation.

The other point to be noted is that most Muslim women are confined to the home and have no independent sources of income which makes it impossible to even ask for a divorce.

If the wife accuses the husband of thrashing her all he has to do is quote Koran 4:34 or the hadith which says:

Abu Dawood 11. 2142: "The Prophet said: A man will not be asked as to why he beat his wife."

As to Zaid-Zainab divorce the Koran verse has nothing to say about who asked and for the divorce. The verse 33:37 is an attempt by Muhammad to calm the furor after he went against Arab custom and married his own son-in-law's wife. The fact is it was Zaid who divorced Zainab after he realized that the prophet desired to make her his wife. Deen Muhammed I invite you to show me any sahih hadith that says Zainab asked for the divorce.

This is what I found about who asked for the divorce on an Islamic website:

Consequently, the Prophet (peace and blessings be upon him) in order to make them acceptable as normal members of a society took a very radical step. He persuaded his cousin sister Zaynab bint Jahsh to marry Zayd ibn Harithah, a slave boy he had set free and brought up as a son. The marriage took place, but, unfortunately, it could not continue due to certain reasons (Zaynab was rather unhappy about the marriage, because of Zayd's former slave status. Zayd was very uneasy about the marriage and asked the Prophet's permission to divorce her). After this unfortunate dissolution of marriage, the only thing which could console Zaynab was if the Prophet, peace and blessings be upon him, married her. http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503545070

Here is an interesting saying attributed to Muhammad: I saw a woman hanging from her hair [and] her brain was boiling because she had not covered her hair. I saw a woman who had been hanged from her tongue and hell's water was being poured into her throat because she had annoyed her husband. I saw a woman in a furnace of fire, hanging from her feet because she had left home without her husband's permission … http://uk.geocities.com/faridesack/fewhatdomenowe.html

>>POINT 2:

Dr. Pipes, I can't really belive that you would accept that someone who is "beheaded" can't reach paradise according to Islam ?
Matter of fact God says one who is Killed without any reason, then on the day of Judgement all the sins for the Killed will be placed on the Killer (Muzzammil) and the Killed will be allowed to enter Heavens.

If Mr. Muzzamil and your "reliable source" has really said the above (top) quote then, I say they DO NOT know the knowledge of Islam, and they are spreading misinformation.<<

Deen Muhammed you have not quoted the verse that indicates what I have underlined. Which verse are you referring to? The only verse that comes to mind that is close is 5:32 which says: YUSUFALI: On that account: We ordained for the Children of Israel that if any one slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people. Then although there came to them Our messengers with clear signs, yet, even after that, many of them continued to commit excesses in the land.

This verse says that on the day of judgment only the Jews will be held guilty if they killed an innocent person of having killed all mankind.

If there is no verse in the Koran which says what you claim Allah says then you the one spreading misinformation.

Regards

Plato

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