for the perusal of muslims and nonmuslims : why Common civil - TopicsExpress



          

for the perusal of muslims and nonmuslims : why Common civil code is necessary ? part -2 : in case of Non-muslims of india being governerd by Man made Indian Laws : wife can get Divorce from her abusive - Husband ( Court giving verdict that husband is indeed abusive as per the allegations of wife ) without making any sort of COMPROMISE on Alimony !! Husband need to pay alimony to wife !! BUT , in case of Muslim wife demanding KHULA from her abusive /oppressive Husband , she needs to give up her MEHR in exchange of Divorce from her husband if husband is adamant that he will not give her divorce unless she pay back the MEHR ! Proof from quran , sura 2 verse 229 : // You (husband ) cannot take back from her anything which you have given to her EXCEPT in the case when both of you fear that both off you cannot stay in the Limits set by allah , So there is NO SIN if wife RANSOMS herself // ! Proof from Sahih al bukhari hadiths ( sunnah of Muhammad ) : english translater , M Muhsin Khan Volume 7 Book 63rd ( Divorce ) hadith numbers 197,198,199 narrater : Ibn Abbas ( Ikrimah is narrater in hadith 198th ) READ carefully : Wife of Thabit Bin Qais Bin Shammas came to Prophet and told him : I dont blame Thabit for Defects in his character and Religion , But I , being a muslim , dislike to live an Un-islamic -life !! Prophet asked her : will you give up the Garden which Thabit paid you as Mehr ? she agreed then , prophet told Thabit : take your Garden and grant her Divorce !! Inference : wife of Thabit did complain about her Husbands ill -treatment towards her because she said : i dislike to live unislamic life in the company of Thabit as Husband !! it imply : Thabit was FORCING her to live un-islamic life !! UN-ISLAMIC -LIFE could be anything in other words , Thabit was torturing her mentally if not Physically !! BUT still , prophet made Thabits-wife to give up her Right of mehr (garden ) !! this shows : even if Husband is bad , wife can get KHULA from him only if she give up her Right of Mehr !
Posted on: Sat, 24 Jan 2015 13:44:35 +0000

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