I read somewhere that Ulema in British India agreed to Shafei provision of Khula which was not granted under Hanafi Law because Muslim women had started converting to Christianity to seek divorce. Does anyone know any source providing more information and evidence on this?
Dear Fayyaz,
I was wondering if any Muslim is religiously and legally allowed to convert to another religion , for any earthly reason.
Whats more , jurisprudence is a constant unchangeable commandment, and I reckon can not be altered to tailor to certain people's wishes,
It must be relentlessly unquestionably followed to the letter.
correct me if I am wrong , this is only an opinion.
Dear Rahimi,
At this point I am not proposing or opposing any point of view. I am just looking for evidence for something that might or might not have happened. Evaluating the event comes next. I am not there as yet.
i think this link might help as it has the details enlisted in a legal act duting the time of colonial rule in India.
goo luck
http://www.legalserviceindia.com/article/l393-Divorce-under-Muslim-Law.html
Dear Sandeep,
This an excellent article. Is it a published article?Where can find the info for its citation.
Thanks.
Fayyaz
Dear Fayyaz,
This is a book published by Centre for Women's Development Studies, 2006 - India
I have a book, writen in arabic by the prince of Bhopal (India under british rule), Muhammad Siddiq Hasan khan (1832-1890) : "Ar-Rawdhah an-nadiyyah" (editor: Dar Ibn-Taymiyah, place of edition: Blida, Algeria, date of edition: 1991). He said (p.54 of part2/2nd book) that the wife of a man who don't provide her with sufficient needs (food, clothes, medication, ...) can ask judge the legal judicial separation ("tafreeq"). He cited too (p.54 of part2/2nd book) the case of the wife of a missed man and that woman can use the same solution (judicial separation : "tafreeq"). He talked about the "khul'", that can be practiced by woman, from p.59 to p.64.
Fayyaz Baqir .
* Let me give you a short historical outlook on how Muslim women won right to divorce. I hope it will be halpfull.
1. In 1937, some forms of dissolution of marriage involving approach from the women were introduced. They are- ila, zihar, lian, khula and mubaraat. It was done by section 2 of The Muslim Personal Law (Shariat) Application Act, 1937.
2. Then in 1939, women were empowered to give divorce to their husband but a number of conditions were added and it almost empowered them fully to give divorce, by conferring a wide range of discretionary power to the judge. It was done under section 2 of The Dissolution of Muslim Marriages Act, 1939.
3. Later on in Bangladesh, Muslim women were empowered completely and unconditionally to give divorce to their husbands. It was done under the Muslim Family Courts Ordinance 1985. (I have no knowledge about India or Pakistan regarding this)
* Let me remind you, my point no 2 is the perfect answer for your question. I suggest you to read the preamble of the act.
* All these acts can be found in the following address.
http://bdlaws.minlaw.gov.bd/laws-of-bangladesh-chronological-index.html
Note: This is the digitized version of Bangladesh code from Bangladesh government. Laws enacted before 1947, have origin in British Indian legislation and was once applicable throughout the British Indian empire.
* I also can suggest you a good book in this matter,
1. CHAPTER XII.of THE PERSONAL LAW OF THE MAHOMMEDANS. 1880, by Sir Syed Ameer Ali.
* However, I can not help regarding what the ulemas said 100 years ago.
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