Showing posts with label dowry. Show all posts
Showing posts with label dowry. Show all posts

Tuesday, February 3, 2015

In Defense of Mutah

The Detroit Free Press recently reported that a Dearborn imam was publicly humiliated by members of his congregation, who disagreed over how donation money should be spent. A series of anonymous letters were circulated to homes, accusing the imam of diverting money and of having a scandalous “extramarital relationship” with a woman through mutah, or temporary marriage, under Shia Islam. The letter sent out this week accused him of turning his Islamic Center into a "House of Mutah." http://www.freep.com/story/news/local/michigan/2015/01/30/imam-al-qazwini-dearborn-mosque/22606481/

These anonymous mailings insinuated that mosque funds were being used to pay for the imam’s illicit activity as with a prostitute. It is deeply unfortunate that people who call themselves Muslims would engage in such trash talk. Direct mail is a great way to promote a political position but it was deeply irresponsible for these people to air the community’s gossip to the public to the point where the newspaper reported on their mosque’s internal problems!

Did they really need to give the haters something else to talk about? Do they not realize that many non-Muslims view all Islamic marriages, because a dowry is paid, as a form of prostitution and subsequent servitude? The very thing that makes every Islamic marriage legal is that the man gives the woman something of monetary value!

“...seek (them in marriage) with gifts from your property” (Quran 4:24).

So if the people are so upset that he contracted mutah with donation money, would they prefer that he use their money to buy the woman a house? Or perhaps he should use their money to divorce his wife, buy his ex-wife a house, and then buy a new house for his bride? Some decisions and discussions are the family's business, nobody else’s! This kind of gossip is what causes people to keep their marriages secret, even though the Prophet (pbuh) advised against secret marriages.

I consulted with a Shia scholar, who wishes to remain anonymous.

“Marriages, even mutah should really be open and known... But there are circumstances where mutah needs to be private, so [determine] each case on its merits.”

There is no dispute about whether or not Muslim men may marry more than one woman. Polygyny is on the rise in Britain, because today’s modern Muslim career women simply don’t have the time or patience for the duties of a full time wife, reports Jamie Dettmer in the Daily Beast. http://www.thedailybeast.com/witw/articles/2013/08/05/britain-s-muslim-communities-see-rise-in-multiple-marriages-as-career-women-seek-part-time-husbands.html

So the only dispute between Muslims on the legality of marriage is whether or not it has to be considered “permanent” or if it is permissible to contract a marriage for a specified amount of time. Since divorce is permitted in Islam, this argument does not make a huge amount of sense. 

How many times have we seen a man promise a woman “forever,” only to dump her? This happens for many reasons, including family pressure, immigration issues, and culture clash. Would it not be more kind for a man to simply be honest with the woman about what he is realistically able to offer her? Whether it’s three days or three years, if he gave her what he promised - how is it better to trick a woman into making a permanent commitment, based on empty promises of a future home life, which never pan out?

“Marriage is a tradition of the Prophet and has been emphasized as an act of piety. Celibacy, on the other hand, is considered evil and unnatural,” writes Shahla Haeri in “Law of Desire,” a study of temporary marriage in Iran.

While the more educated urban secularized middle class Shi’ites often perceive mutah as legalized prostitution, the more religiously inclined view it as a divinely rewarded activity. Historically, many mutah marriages indeed have been contracted by women soliciting strangers in public, in particular, at certain holy shrines, but after the Iranian Islamic Revolution of 1979, Shia scholars and ayatollahs openly promoted mutah as “preferable to the ‘decadent’ Western style of ‘free’ male-female associations.”

Mutah is now promoted as an Islamic way to legalize dating in order to get to know someone before marriage, as a way to avoid sin and fornication especially during the college years, and later in life, as a way to deal with marital separation and divorce, when finances prevent a man from setting up a second household, or to protect women’s chastity and relieve their suffering.

“I married a man for one night when he was going for Hajj, so I could get the blessings from the Hajj. When he came back he wanted to marry again but I said no. We stayed in touch and helped each other out for years. Since I wouldn’t marry him, he asked me to help choose his wife,” Sophia, an American convert to Islam stated.

The most commendable thing about mutah in the modern world is that there is no divorce. The sexual relationship ends with no hard feelings and no broken promises. It is the norm between former mutah spouses to maintain a deep friendship and reverence for each other for the rest of their lives, knowing that remarriage is always an option. This can be a huge, huge blessing and security that is worth even more in the 21st Century, when there are so few stable relationships and even family members move far away.

Monday, September 15, 2014

How US Laws Protect Wives

 



Family-Law-Scale-of-JusticeWhen she married at 26, Aisha had no idea about her legal rights as a female citizen of the United States. A first generation American, she did know that Islamic law entitled her to a dowry as well as maintenance by her husband, in exchange for obeying him, keeping the household, and allowing her womb to procreate. She knew she had to get his permission to get a job. She married a man “fresh off the boat.” Knowing he had no savings and worked a menial job, she asked him in lieu of money or jewelry, to promise her a back massage every night. She also secretly hoped that might also lead to nightly intimacy, and she was naturally willing to return the favor. He agreed to this. He also agreed to a small family only wedding, with each side inviting five persons.
Much to her surprise, the night before her wedding, while she was covered in henna, she received a phone call from her fiancĂ© alerting her to the fact that he had bowed to peer pressure, stood on top of a table, and invited all his friends to Aisha’s parents’ house for the wedding. Aisha did not have time to invite all her friends on such short notice, and her best friend stopped talking to her after she didn’t get the message.
On the wedding day, in front of all these guests, the imam asked her if she would accept this marriage for a dowry of $1,200. She was astonished, since there had never been any such discussion of money. But she was too shy to speak up in front of the crowd. She assumed that her husband-to-be was just too embarrassed to admit the real dowry promise, and so had added this into the agreement as a cover-up.
However, the day after the wedding when she said with an innocent smile, “Can I have my backrub now?” her husband refused! He was astonished by her sense of entitlement.
“But you promised!” she insisted.
“Nobody gets married in exchange for backrubs.” He told her she was ridiculous.
She never received any $1,200 cash gift either.
A couple years into the marriage, her husband bought a computer that they would both use and asked her to accept that in lieu of the dowry.
In truth, he was not entirely irresponsible – he did financially maintain her and the children with a generous settlement after divorce. But his refusal to acknowledge personal responsibility for a legally binding verbal agreement cost him his marriage, because in doing so, he insultingly treated his wife as chattel, as a non-person.
What could Aisha have done differently to have avoided this pitfall with someone otherwise regarded as a good man?
The second time she got married, she continued to be lovingly humble and it turned out even much, much worse. Ironically, her new mother-in-law didn’t approve her to invite one friend to her own wedding, since it was to be family only.
By this time, Aisha was so isolated as a housewife and full time mother that she had started to think of “the world outside” as a scary place. But when the second husband’s mental abuse became too extreme that she realized he truly didn’t regard her as a person with legal rights, her fear caused her to turn to the government for help. Approaching the steps of the local health center, she started to relax when strangers smiled at her and her children.
As a pregnant mother whose husband was unemployed, she instantly qualified for medical insurance, food stamps, and WIC. She was also placed on a waiting list for discounted housing. As soon as she separated from her husband, all these benefits transferred to her and gave her children a safety net that her husband had never provided no matter what his income. In both marriages, she had always thought in terms of money being “her husband’s money.”
Even though her husband, after she tearfully begged him to divorce her, had pronounced “talaq talaq talaq,” he later denied that he had given her a divorce. For the next five years, he tormented her by stalking her, insisting she was still his wife. He used an outdated stereotype of Islam to justify treating her as a person without right of personhood. Even the most basic right, the right to freely decide if one chooses to agree to marriage.
Aisha learned to file motions in court. All of the legal documents required to apply for child support, court order a child care schedule, divorce, or even a restraining order, can be downloaded from the local family and probate court to print out.
Going to the courthouse was a daunting task at first. They really don’t make it easy. There are certain forms that need to be filled out (including financial exemption from filing fees and service fees – meaning when the sheriff serves him with papers). There are many different lines she had to stand in. But the courthouse employees are used to first timers and politely advised her.
Women can get free legal advice from their local domestic abuse hotline, and there should be an office at the courthouse for guidance as to what forms to ask for. During divorce, always focus your affidavit arguments to issues regarding the children.
When it comes to domestic abuse situations, whether mental or physical, do not bother with a lawyer unless you want to negotiate with your spouse. In the event of a truly unreasonable spouse, the quickest way to get it over with is just to go in front of a judge. You can get divorced in a few hearings. They have heard it all before. You just tell them the truth and they will advise. The scariest thing about standing up for yourself is having to face your user spouting bald faced lies as well as half truths designed to malign you and deprive you of your voice. Do not look him in the eye. Look humbly at the judge. Pray for God’s justice and the life your children deserve to see you lead, free of intimidation or devaluing of person.