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Raffia
UNITED KINGDOM
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 Posted - Friday, May 13, 2005 - 4:53 PM 
My understanding of mahr is that because the nikah is a legal contract (offer acceptance etc)some consideration needs to be given in accepting, therefore the mahr is a monetary form (but not always) of that consideration.
Those of you who are lawyers and have studied contract law will know what I'm on about. (Insha'allah!) When the contract is breached/ended (talaq)the mahr is returned. The intention of mahr is not to support the wife after the talaq (but it can be used for that purpose).
I don't understand why when a man divorces his wife, if he wants her bak she has to marry another man and consumate that marriage before remarrying husband number one. Firstly, is my understanding correct and secondly, isn't that punishing the woman? What is the lesson, if any, for the man who prematurely divorced his wife and then wants her back?
Grateful for your replies,
Raffia |
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ibrahim
PAKISTAN
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Posted - Sunday, May 15, 2005 - 4:45 PM
Well sis Raffia Plz Consider the Following Points 1st & then Comment.
Husband has been MADE responsible for Providing all NEEDS of life to his Wife & Children. "Mahr" is Just a Symbolic expression of it.
"Mahr" is Compulsory to Give BEFORE (or at the TIME of) NIKAAH though it can be DELAYED if needed. It has NOTHING to DO with "TALAAQ" originally.
I hope you have STUDIED in detail the LAW of TALAAQ in Islamic Shariah. According to it
Husband has TWO chances of Taking his WIFE back after using his right of "TALAAQ" without any STRICT condition BUT when he uses it 3rd time ONLY then that condition COMES FORWARD which you've described. (plz. Note that your description is NOT only incomplete BUT also incorrect a litle bit.)
I DO hope that being a WOMAN you can EASILY understand the Wisdom behind THIS CONDITION. It is ONLY to SAVE the MARRIAGE (& the WOMAN too) from becoming a TOY in the HANDS of MEN.
Is it NOT like that???
Regards
(I wud REQUEST that plz go thru our New & Latest Course "Family and Marriage: Core Issues." Click here to SEE the Details of this Course: http://www.studying-islam.org/coursedetail.aspx?ccode=DLC/I/10 |
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Raffia
UNITED KINGDOM
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Posted - Wednesday, May 18, 2005 - 5:43 PM
Asalaamu Alaykum,
I have just completed the 2nd Module of the Family and Marriage module. I have also read your comments.
My understanding is similar to that of Imam Amin Ahsan Islahi who states "No sensible person will become party to a contract unless after deep consideration he prepares himself to fulfil responsibility - it is for those benefits that the payment of the dower has been made essential." p. 278 of his book tadabbur-i-Qur'an.
Since the mahr does not always have to be in monetary form (e.g. the hadith when a husband-to-be only had qur'an in his heart to offer a futurw wife and the propget (saw) said that was sufficient) the important feature surely is consideration? |
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ibrahim
PAKISTAN
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Posted - Thursday, May 19, 2005 - 5:34 AM
Wa Alaikum us Salaam Dear sister in Islam
Sis, plz Take this HADITH as an Exceptional Case. It was Just a Symbolic DOWER Like U do TAYAMMUM in the absence of water.
Isn't it like that? |
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