Pakistan's Latest Ruling Makes Us Want To Bang Our Heads On The Table And Weep

[VCheng]

This is what the verdict is
"Mother can keep infant children but once grown father have more rights to them"

That is precisely what the relevant law specifies.

 

[Dubious]

I thought you were smarter than that to even post that garbage.

I dont like what the courts are doing ....They have been letting rapists go, letting terrorists and murderers walk free
and now this piece of shit:

 

[xyxmt]

That is precisely what the relevant law specifies.

that is the law of land
the rest in that article is pure garbage

 

[Dubious]

@A.M.
@xyxmt
People siding this are missing these points even after highlighting them, you people cant read?

Judges Mian Saqib Nisar and Ejaz Ahmad Chaudhry also ruled that Pakistani women cannot keep their children away from their fathers following a divorce, whatever the circumstances.

So a mother cant protect her child from a pedophile ex husband or one who abuses her child?


Continue reading and you will find this

Thankfully, things are improving.

The emphasis is on the behaviour of the courts and the shitty verdicts they churn!

Now if only the courts would catch up with them.

 

[al_asad_al_mulk]

1) bring forward where you got this from
2) anything given by any parent to their child as a gift doesnt fit in this bill...If the man wants to pass on something to his child he can even with a step father in middle....
3) The man still has to pay for the children to be brought up if they are with mom...In Pakistan this is rarely the case...MOST men would marry again and forget about the children from 1st wife

4) The article is asking the juridical system to wake up ...I am more pissed about that than the law!

Here you go (reference link for full article Miscellaneous Issues--Women Rights in Islam )

d. The laws of financial support for the divorced wife and her children, the custody of the children, financial support during the period of waiting, financial maintenance for nursing the children are all in the divorced woman's favour and this is verified by the following Quranic verses : "When ye divorce women, and they fulfil the term of their (Iddat), either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them, (or) to take undue advantage ; if any one does that, he wrongs his own soul. Do not treat God's Signs as a jest, but solemnly rehearse God's favours on you, and the fact that He sent down to you The Book and Wisdom for your instruction. And fear God, and know that God is well acquainted with all things. When ye divorce women, and they fulfil the term of their (Iddat), do not prevent them from marrying their (former) husbands, if they mutually agree on equitable terms. This instruction is for all amongst you, who believe in God, and the Last Day. That is (the course making for) most virtue and purity amongst you. And God knows and ye know not." ( Surah II, verses 231-232)

Also : "O Prophet ! When ye do divorce women, divorce them at their prescribed periods, and count (accurately) their prescribed periods and fear God your Lord : and turn them not out of their houses, nor shall they (themselves) leave, except in case they are guilty of some open lewdness ; those are limits set by God : and any who transgresses the limits of God, does verily wrong his (own) soul : thou knowest not if perchance God will bring about thereafter some new situation. Thus when they fulfil their term appointed, either take them back on equitable terms or part with them on equitable terms ; ..." ( Surah LXV, verses 1-2)

Also : "Let the women live (In Iddat) in the same style as ye live, according to your means annoy them not, so as to restrict them. And if they carry (life in their wombs), then spend (your ) on them until they deliver their burden and if they suckle your (offspring), give them their recompense : and take mutual counsel together, according to what is just and reasonable. And if ye find yourselves in difficulties, let another woman suckle (the child) on the (father's) behalf ". (Surah LXV, verse 6)

Also : "But if ye decide to take one wife in place of another, even if you had given the latter a whole treasure for dower, take not the least bit of it back would ye take it by slander and a manifest wrong ? And how could ye take it when ye have gone in unto each other, and they have taken from you a solemn covenant ?" (Surah IV, verses 20-21)

• A wife can stipulate in her marriage contract that the right of divorce be in her hand and her husband agrees to the condition, she has the right to divorce her husband according to some schools of jurisprudence with certain provisions.
  
  
  
• Also if there is a breach of one of the terms stipulated by the wife in the marriage contract. If the husband is responsible for this breach, certain schools of jurisprudence consider this sufficient to legalize the divorce, provided that the term stipulated does not violate the basic elements of marital life or the laws ordained by God Almighty.

For more readings about Divorce in Islam please read :
HUMAN RIGHTS IN ISLAM BY : Dr. Ali Abdel Alwahid Wafi
16. The woman has the right to divorce herself in Islam if she hated her husband and refused their sexual relation together. This is known as the law of (kholaa) where she would be divorced from her husband but she will have to return the dowry to him as well as give up her financial rights on her husband (he would no longer have to financially support her during the period of waiting)

This is a fatwa in Fatwa bank of the web site Islam online made by European Council for Fatwa and Research that expresses the possibilities for women divorcing themselves. You can read the fatwa at Islam Online Fatwa Bank
Title of Fatwa Can a Woman Divorce Herself?
Date of Fatwa 29/ July/ 2002
Date of Reply 29/ July/ 2002
Topic Of Fatwa Divorce
Question of Fatwa Respected scholars of Islam, As-Salaam `Alaykum wa Rahmatullah wa Barakatuh. I’d like to know the Islamic view regarding this question: Does woman have the right to divorce herself? Jazakum Allah khayran.

Name of Mufti European Council for Fatwa and Research

Content of Reply
Wa`alykum As-Salamu Warahmatullahi Wabarakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, it gives us great pleasure to receive your question, which is so interesting. May Allah enlighten our hearts with the light of Islam, Ameen!

Islam cares about family stability, which is the cornerstone of the Muslim society. Therefore, it lays downs rules and arrangements that guarantee that love and harmony prevail in the society.

Coming to the point your raised in your question, divorce, in principle, is the Shari`ah-based right of the husband; he can waive this right and can give his wife a right to divorce herself. There are other cases where the wife can end the marital bond such as Khul`.

In this regard, The European Council for Fatwa and Research, issued the following Fatwa:
“Originally Islam has given the right of divorce to man.

- Woman has the right to execute divorce if this is a condition stipulated in the marriage contract or the husband gives her this right later on.

- A woman can also ask for Khul` (devorcing herself) in front of a judge who should exhaust all means of reconciliation before sentencing Khul`.

- A woman may agree with her husband on divorce according to legal conditions.

- A woman may also ask the judge to divorce her if it is legally proved she has been harmed. The judge has the right to issue divorce verdict if the wife prove that harm. But the judge should try his best to make reconciliation, as Allah commanded him, especially by arbitrating to people to help him.”

 

[Dubious]

that is the law of land
the rest in that article is pure garbage

The law of the land is old and needs to be revised...Oops the whole nation is against change...Sorry I forgot!

 

[VCheng]

that is the law of land
the rest in that article is pure garbage

The judges have followed the law and thus cannot be vilified for upholding it.

 

[Dubious]

d. The laws of financial support for the divorced wife and her children, the custody of the children, financial support during the period of waiting, financial maintenance for nursing the children are all in the divorced woman's favour and this is verified by the following Quranic verses :

I never objected this

I asked thee about the stepfather part and inheritance!

The judges have followed the law and thus cannot be vilified for upholding it.

Wow blind follower (donkey style) of every evil on the planet ,eh?

 

[al_asad_al_mulk]

Custody of child after divorce | IslamToday - English

Here you go (reference link for full article Miscellaneous Issues--Women Rights in Islam )

d. The laws of financial support for the divorced wife and her children, the custody of the children, financial support during the period of waiting, financial maintenance for nursing the children are all in the divorced woman's favour and this is verified by the following Quranic verses : "When ye divorce women, and they fulfil the term of their (Iddat), either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them, (or) to take undue advantage ; if any one does that, he wrongs his own soul. Do not treat God's Signs as a jest, but solemnly rehearse God's favours on you, and the fact that He sent down to you The Book and Wisdom for your instruction. And fear God, and know that God is well acquainted with all things. When ye divorce women, and they fulfil the term of their (Iddat), do not prevent them from marrying their (former) husbands, if they mutually agree on equitable terms. This instruction is for all amongst you, who believe in God, and the Last Day. That is (the course making for) most virtue and purity amongst you. And God knows and ye know not." ( Surah II, verses 231-232)

Also : "O Prophet ! When ye do divorce women, divorce them at their prescribed periods, and count (accurately) their prescribed periods and fear God your Lord : and turn them not out of their houses, nor shall they (themselves) leave, except in case they are guilty of some open lewdness ; those are limits set by God : and any who transgresses the limits of God, does verily wrong his (own) soul : thou knowest not if perchance God will bring about thereafter some new situation. Thus when they fulfil their term appointed, either take them back on equitable terms or part with them on equitable terms ; ..." ( Surah LXV, verses 1-2)

Also : "Let the women live (In Iddat) in the same style as ye live, according to your means annoy them not, so as to restrict them. And if they carry (life in their wombs), then spend (your ) on them until they deliver their burden and if they suckle your (offspring), give them their recompense : and take mutual counsel together, according to what is just and reasonable. And if ye find yourselves in difficulties, let another woman suckle (the child) on the (father's) behalf ". (Surah LXV, verse 6)

Also : "But if ye decide to take one wife in place of another, even if you had given the latter a whole treasure for dower, take not the least bit of it back would ye take it by slander and a manifest wrong ? And how could ye take it when ye have gone in unto each other, and they have taken from you a solemn covenant ?" (Surah IV, verses 20-21)

• A wife can stipulate in her marriage contract that the right of divorce be in her hand and her husband agrees to the condition, she has the right to divorce her husband according to some schools of jurisprudence with certain provisions.
  
  
  
• Also if there is a breach of one of the terms stipulated by the wife in the marriage contract. If the husband is responsible for this breach, certain schools of jurisprudence consider this sufficient to legalize the divorce, provided that the term stipulated does not violate the basic elements of marital life or the laws ordained by God Almighty.

For more readings about Divorce in Islam please read :
HUMAN RIGHTS IN ISLAM BY : Dr. Ali Abdel Alwahid Wafi
16. The woman has the right to divorce herself in Islam if she hated her husband and refused their sexual relation together. This is known as the law of (kholaa) where she would be divorced from her husband but she will have to return the dowry to him as well as give up her financial rights on her husband (he would no longer have to financially support her during the period of waiting)

This is a fatwa in Fatwa bank of the web site Islam online made by European Council for Fatwa and Research that expresses the possibilities for women divorcing themselves. You can read the fatwa at Islam Online Fatwa Bank
Title of Fatwa Can a Woman Divorce Herself?
Date of Fatwa 29/ July/ 2002
Date of Reply 29/ July/ 2002
Topic Of Fatwa Divorce
Question of Fatwa Respected scholars of Islam, As-Salaam `Alaykum wa Rahmatullah wa Barakatuh. I’d like to know the Islamic view regarding this question: Does woman have the right to divorce herself? Jazakum Allah khayran.

Name of Mufti European Council for Fatwa and Research

Content of Reply
Wa`alykum As-Salamu Warahmatullahi Wabarakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, it gives us great pleasure to receive your question, which is so interesting. May Allah enlighten our hearts with the light of Islam, Ameen!

Islam cares about family stability, which is the cornerstone of the Muslim society. Therefore, it lays downs rules and arrangements that guarantee that love and harmony prevail in the society.

Coming to the point your raised in your question, divorce, in principle, is the Shari`ah-based right of the husband; he can waive this right and can give his wife a right to divorce herself. There are other cases where the wife can end the marital bond such as Khul`.

In this regard, The European Council for Fatwa and Research, issued the following Fatwa:
“Originally Islam has given the right of divorce to man.

- Woman has the right to execute divorce if this is a condition stipulated in the marriage contract or the husband gives her this right later on.

- A woman can also ask for Khul` (devorcing herself) in front of a judge who should exhaust all means of reconciliation before sentencing Khul`.

- A woman may agree with her husband on divorce according to legal conditions.

- A woman may also ask the judge to divorce her if it is legally proved she has been harmed. The judge has the right to issue divorce verdict if the wife prove that harm. But the judge should try his best to make reconciliation, as Allah commanded him, especially by arbitrating to people to help him.”

 

[Rajaraja Chola]

The judges are only implementing the law.

They can atleast put a recommendation to change a law. SC Judges recommendations cannot be taken lightly by the govt.

 

[VCheng]

They can atleast put a recommendation to change a law. SC Judges recommendations cannot be taken lightly by the govt.

Only the higher courts, and even then on appeal following proper procedure. The present Family Act draws from Islamic Law and thus not easy to challenge or change.

 

[Dubious]

How can any nation of the 21st century do this to its citizens?

Pathetic and sad

What is it doing? Did you even read the whole article? I am not against the full law...But the behaviour of the blind judges to not be able to do anything good

 

[xyxmt]

The law of the land is old and needs to be revised...Oops the whole nation is against change...Sorry I forgot!

I had first hand experience this year when i went to Pakistan, I went with my Cusin for his custody hearing
trust me he was being treated worst then Mother, he gave up custody when his kids were infants but his ex wont let kids even meet their father. His kids are grown up now, 12 and 10 but court only allowed supervised meeting in the courtroom.

I would rather go to Canadian courts as a divorced father than in a Pakistani court.

 

[Ragnar]

The Family Act is based in Islamic Law, and has the people's and legislators' support.

Support does not matter. My question is can Judiciary act as a check on the legislature. I.e. like below:

 

[Dubious]

Only the higher courts, and even then on appeal following proper procedure. The present Family Act draws from Islamic Law and thus not easy to challenge or change.

And so far if they keep agreeing to every shit they aint gonna shuffle their feet towards an appeal! And hence they need to wake up!

And what I am voicing against!

While you come up with something bold , not understanding what I highlighted in red and misleading the sheep who came here to support the judges as you