Caledoniyya

Dial-a-Divorce

I’m working my way through Ziba Mir-Hosseini‘s seminal work Islam and Gender and it is proving as much as a remarkable piece of scholarship, as it does frustration.

Consider the contradictory laws of divorce: talaq, for men, can be granted any time, any where; khola, for women, requires consent and the repayment of divorce costs and her dowry.

To wit, from an excerpt of Mir-Hosseini’s interview with the Grand Ayatollah Madani:

Women:

[Mir-Hosseini]: I pointed out that, unlike talaq, which the husband can do unilaterally, in khol’ a woman can obtain a divorce only if her husband gives consent, for which she must compensate him. In effect, she must buy her divorce; she must pay for it. I added that this very fact, that the right to divorce must be stipulated as a condition in her contract, is the best proof that a woman is not automatically entitled to the same as a man.

Men:

[Madani]: (Problem 142) Is repudiation (talaq) by telephone or loudspeaker permissible, if two just witnesses hear it, or must the two witnesses be present in the room?

(Answer) In such a case, the repudiation is valid because it is not obligatory for the two just witnesses to be present at the place where the repudiation is taking place; if they hear the repudiation formula, this is sufficient, but if they are absent this would be contrary to the Principle of precaution.

It is enough to send a woman to the hills, screams resounding at the injustice.

3 comments on “Dial-a-Divorce

  1. kinziblogs
    March 18, 2012

    Lord have mercy, this is so NOT His plan.

  2. B.B. Nazeer
    May 23, 2012

    Do not confuse figh with Shariah. What you desribe is fiqh.

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This entry was posted on March 16, 2012 by in Islam and tagged , , .
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