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[quote]As far as eating sea carnivores are concerned, for sure we have a disagreement. I will only state that it falls under natural prohibition (just as some other issues). Beyond that, I now think, that I will say nothing. I will respect your opinion here, while resorting to mine.

>>But my only stand against you was we should not make it into a binding law.

Once again I disagree. The following is a transcript of an email I sent Shehzad Saleem and what follows is his response:

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Smoking and Second marriage cause physical and mental anguish respectively. The Shariah is silent on smoking and on permission of first wife respectively.

If the state can make laws concerning prohibiting public smoking, then what is wrong with the law of seeking permission of first wife?

If the argument be that no first wife will give permission and hence one will not be able to take care of widows/orphans. Then there is a counter argument, i.e., orphans can be adopted and widows can either marry widowers, unwed men, or remain patient.

After all if homosexuals and unmarried people have to be patient, then why can't widows. Why must a second home be created at the expense of the first?

Women not allowing second marriage is a generalization as good as man marrying a widow for the second time. No man will ruin his marriage, if he really is faithful to his wife, for a widow. Therefore, are we not condoning legalized sex and liberal after marriage conduct through multiple marraige allowance?
*************

His response:
Laws regarding the seeking permission from first wife can always be made if they can be of benefit. No problem at all!
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I will only add, that Koran does not provide laws. Those are left to man. It simply grants you a direction and leaving it upon you to come up with a system.

After all the Koran simply states 'their affairs are decided by mutual consultation' and leaves the working and governing laws of the political system to man.

Same for interest. The Koran simply states Ribba is forbidden. The laws are left to man, i.e., how should a state formulate laws in this regard.

Likewise for polygamy. According to my revised opinion, the permission of first wife might be ineffective, as it has been clearly shown in Pakistan. So perhaps a justification in court or taxation could work better to discourage the practice. In both cases, both can be codified into laws.

After all did not Umar institute many new laws, all of which fell within the ambit of the Shariah, i.e., one practice being Tarawih in CONGREGATION. And this was never a CONDITION in the Prophet's time.

>>If we can only practice the current laws, we will not need a new one to safeguard women's rights. And if we can't even practice the current laws, then what makes you think any one will follow the new law?

That is the problem, what are the current laws? Many multiple marriages are technically (Islamically) sound but they destroy many homes. Something is missing in existing laws.

What you are referring to is individual practicing of Islam and what I am referring to is the scope of the state.

Edited by: junaidj on Wednesday, December 29, 2004 8:19 PM[/quote]

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