Any Help With A Divorce Case

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The_Dark_Knight
Posts: 6
Joined: Thu Jul 31, 2008 4:01 am

Any Help With A Divorce Case

#1

Unread post by The_Dark_Knight » Thu Aug 07, 2008 3:15 pm

is it true that u need to w8 four unessesary years if ur husband is denying for a divorce.this has been told to me by aka Moula's shehzada himseld now how much truth lies in all this i really dont ava clue as they been tellin a pack of lies in the past too.if thr is any other procedure do lemme know.thank u

The_Dark_Knight
Posts: 6
Joined: Thu Jul 31, 2008 4:01 am

Re: Any Help With A Divorce Case

#2

Unread post by The_Dark_Knight » Thu Aug 07, 2008 3:42 pm

how much bribe wud i need to feed these ppl in order to get a divorce? and also is there any particular person who could help me get a divorce even if my husband is denying for one.

Aarif
Posts: 1426
Joined: Thu Jan 24, 2008 5:01 am

Re: Any Help With A Divorce Case

#3

Unread post by Aarif » Thu Aug 07, 2008 4:59 pm

Dark Knight,

It depends on how you got married. If you were married as per Dawoodi Bohra Islamic ceremony, then you can get divorce through our community procedure. However there is one catch. As per our Islamic rules only the husband can give divorce to his wife. The wife cannot give divorce to the husband. However, she can definitely initiate it. The time period depends upon the case. If your husband is not highly atrocious towards you and you want divorce only because of some mutual differences then it can take a long time. As per instructions of syedna divorces are supposed to be made as difficult as possible. Hence, if you do not have a concrete reason for divorce they will try to postpone it as long as possible. However, if you have some concrete and well accepted reasons you might be able to get through.

So it all depends upon your individual case. Also, as per Indian marriage act for Muslims if you are dependent upon your husband for support and he does not provide you with any financial support for 1&1/2 years you can file for a divorce against him on those grounds.

My advice is go through our community process. That is much simpler than court procedure.

Also, please do spoil the name of our community by talking crap like "how much money I have to pay." These things have nothing to do with money. It is just that syedna does not encourage divorces in general. And this in accordance to the preachings of our prophet(PBUH) who was very much against breaking of marraiges through divorce.

Wish you all the best..

Sajid Zafar
Posts: 184
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Re: Any Help With A Divorce Case

#4

Unread post by Sajid Zafar » Thu Aug 07, 2008 5:21 pm

Dark Night:

Dawoodi Bohra way of divorce is different from how it is given by Sunni Muslims (I am not aware of Shia Muslim’s doctrine of divorce). For Sunnis it is as simple as to utter “Talaq” three times and divorce gets in effect. In our community a maximum time is given to both husband and wife to accommodate each other if divorce is sort on any trivial matter. However, can be put in effect immediately if issues are very serious in nature between husband and wife like husband is impotent or abuses his wife, etc. and can’t be sorted out over the period of time as rightly pointed out by Br. Aareef. You don’t need money to seek divorce so do what is advice by Aareef if you like. Also remember that both witness of marriage need to be present at the final moment of dissolving mirage if no other way is left out.

Muslim First
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Re: Any Help With A Divorce Case

#5

Unread post by Muslim First » Thu Aug 07, 2008 6:00 pm

If you are in America then American laws apply. In general Muslim priest who officiate marriage are not licenced by state so you have to go and do civil marriage also.

You can file for divorce proceeding as per rules of state you are residing if you prefer.

Legal divorce may not be recognized by Kothar.

There is a divorce proceeding going on between a Bohra man and Sunni Muslim woman here in Massachusetts. Unfortunately a child is involved.

A Muslim man I know who is divorcing his wife after 40 years of marriage has to go thru court. It does not matter how many time he said Talaq, Talaq. He is in court fighting his wife and 3 grownup kids.

Wish you good luck sister.

Aarif
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Re: Any Help With A Divorce Case

#6

Unread post by Aarif » Thu Aug 07, 2008 6:19 pm

It does not matter how many time he said Talaq, Talaq.
Br. MF,

That is because the US laws will hold his filthy arse on ransom if he does that. If this baden miyaan would have been in India he would have done 1-2-3... You know what I mean. ;)

Muslim First
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Re: Any Help With A Divorce Case

#7

Unread post by Muslim First » Thu Aug 07, 2008 6:51 pm

Brother Areef

I am with you. I know him. He probably did get married when he was visiting Pak. Now he wants to clear coast.

That is a problem with Sharia divorces in modern times.

While on divorce I remember Mubarak talking about Hz Ali had a right to issue divorce to widow of Prophet SAW. Let me quote here:
Those widows divorce power remains in the hand of Prophet’s successor. Mola Ali (a.s.) told Aaisha that Religious War (jihad) are only for Males and not Females, you return back otherwise I will give you divorce on Prophet Mohammed (a.s.) behalf. After listening that Aaisha realised that if she fought with Ali (a.s.) and Ali (a.s.) gave her divorce on behalf of Prophet Mohammed (a.s.) then she will be deprived of all the titles she enjoyed being Prophet wife. In that divorce fear she ran away from the battleground.
Now this Bohri version, Ihad not seen it anywhere

We must understand what Sharia Mehar was.
Ask for decent amehar
Get half up front.
It is Womens property so do not let husband touch it. Its hers.
In case of divorce collect other half.
Khul needs to be properly addressed.

Wasalaam

porus
Posts: 3594
Joined: Thu Dec 13, 2001 5:01 am

Re: Any Help With A Divorce Case

#8

Unread post by porus » Thu Aug 07, 2008 7:17 pm

Originally posted by Muslim First:

Now this Bohri version, Ihad not seen it
anywhere

See how MF inserts an irrelevancy here. What has Mubarak's knowledge of the said 'quote' got to do with this issue. And how does it become the 'Bohri' version? MF is trying his dirty strategy like posting from ismaili.net as authentic Ismaili beliefs.

In any case, Ali would not grace the Battle of the Camel with Jihad. It was simply Aaisha's greed in trying to topple the Khalifa that caused that battle. In this, she was duped by Muawiyah whose scribes are the source of fake hadiths ascribed to her so that she could be made to appear 'glorious'.

Now, get back to the issue of divorce.

anajmi
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Re: Any Help With A Divorce Case

#9

Unread post by anajmi » Thu Aug 07, 2008 8:05 pm

No wonder porus supports the Ismailis. Both are good at abusing mothers of others.

Allah, in his infinite wisdom, has put these abusers to shame centuries ago, by declaring the wives of the prophets as the mothers of the believers. The high level given to Hazrat Aisha in the quran is a major cause of jealousy amongst Ali worshippers.

Danish
Posts: 1106
Joined: Thu Apr 03, 2003 5:01 am

Re: Any Help With A Divorce Case

#10

Unread post by Danish » Thu Aug 07, 2008 10:58 pm

TDK, its not four years but four months before final divorce (waiting/cooling off period as per quran 2:226).

In Arabized Islam, women are treated as 'secondary humans'. Women are slaves to their masters, entertainment for public and business for pimps.

Care to discuss your marital situation and why you need a divorce?

Muslim First
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Re: Any Help With A Divorce Case

#11

Unread post by Muslim First » Fri Aug 08, 2008 12:35 pm

Porus

AS

Being a resident Progressive Aalim and expert in Arabic please clarify in relation to Mubarak's post related to divorce rights:

Did Hz. Ali RA inherit right to divorce Prophet's widows also? Or this is another invention of Bohra Jamia?

Does that give average Bohra also right to divorce his father's widow for that matter his own mother?
In any case, Ali would not grace the Battle of the Camel with Jihad. It was simply Aaisha's greed in trying to topple the Khalifa that caused that battle. In this, she was duped by Muawiyah whose scribes are the source of fake hadiths ascribed to her so that she could be made to appear 'glorious'.
Battle of camel was a sorry episode. Aisha RA regretted it in her lifetime. Ali RA also forgave her. It has become tool for Shias to inflame passion. It has not added or subtracted anything in religion of Islam.

Wasalaam

Muslim First
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Re: Any Help With A Divorce Case

#12

Unread post by Muslim First » Fri Aug 08, 2008 12:49 pm

Br. Areef

Back to divorce

What is MEHER in Bohra marriage?

Is it a token amount or some number like 52, 52000 etc. etc?

Does the money change hand?

What about maintance after divorce?

Wasalaam
.


porus
Posts: 3594
Joined: Thu Dec 13, 2001 5:01 am

Re: Any Help With A Divorce Case

#14

Unread post by porus » Fri Aug 08, 2008 1:19 pm

Originally posted by Muslim First:
It has not added or subtracted anything in religion of Islam.

Aaisha is the culprit who sowed dissension and fitnat in dar-ul-Islam and the battle of the Camel consolidated the permanent split in Islam. It led to Aaisha's opposition of burial of Hasan next to Prophet as was the then tradition of burial of Khalifas. Remember, Hasan was a Khalifa. It also led subsequently to murder of Hussain and many Shia Imams.

As to your version of history, the Islam to which nothing has been added and from which nothing has been subtracted ls only in the sick minds of your Wahhabi masters. The rest of the world calls it Wahhabism, not Islam.

As far as Aaisha's divorce is concerned, Ali did not have to do it. Allah did that because she disobeyed Allah and his messenger.

Aarif
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Re: Any Help With A Divorce Case

#15

Unread post by Aarif » Fri Aug 08, 2008 1:52 pm

Br. MF,

Meher is the amount paid by the groom to the bride during marriage. I think Br. Porus would be the right person to explain it in light of teachings of prophet and Quran. The amount of meher depends upon the status of the groom. He can pay any reasonable amount. I always thought that even mainstream muslims have this custom in place. But honestly I don't see anything wrong with the groom paying meher to his bride during marraige. In fact it is better than paying dowry that girls have to do. Also, there have been cases reported in Indian news papers stating muslims harrasing their wives for not paying enough dowry. Atleast bohris do not follow this practice. I thing that is evil and cruel and should be condemned.

Apart from that as far as maintenance is concerned bohris have much more organized rules as compared to other muslims. In fact the guy will not be able to divorce the girl unless the girl is satisfied with the final settlement. In bohris when it comes to divorce the clergy favors the girls more than the guys giving them the benifit of weaker sex. Also, in bohris you cannot say talaq * 3 and throw away your wife like a used tissue paper. And remember this is true whether you are in USA or Timbaktoo...

In all bohris have a much better marriage culture than other muslims. In fact syedna is strongly against divorce. And this is in line with the teachings of prophet (PBUH).

Hope it answers your questions..

anajmi
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Re: Any Help With A Divorce Case

#16

Unread post by anajmi » Fri Aug 08, 2008 1:54 pm

Allah did that because she disobeyed Allah and his messenger.
You were obviously informed about this in your dream by the three horned female god with a baritone voice weren't you? ;)

anajmi
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Re: Any Help With A Divorce Case

#17

Unread post by anajmi » Fri Aug 08, 2008 1:57 pm

I forgot to mention that it is Hazrat Aisha's fault that people now dream of Allah as a three horned female with a baritone voice. ;)

anajmi
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Re: Any Help With A Divorce Case

#18

Unread post by anajmi » Fri Aug 08, 2008 2:04 pm

Aaisha is the culprit who sowed dissension and fitnat in dar-ul-Islam and the battle of the Camel consolidated the permanent split in Islam.
The fact that the entire muslim population that reveres Aaisha also reveres Ali and the Ali worshippers hate Aaisha obviously didn't register in any of the three horns did it? The split is only in the head of the Ali worshippers because of their jealousy towards Hazrat Aaisha's elevated status in the quran. Abusing mothers of others is common amongst them as we have seen elsewhere on this board.

anajmi
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Re: Any Help With A Divorce Case

#19

Unread post by anajmi » Fri Aug 08, 2008 2:12 pm

This is what was said by tripplehorn in a previous thread
Admin, it is inappropriate for anyone to insult and abuse persons considered holy by a significant number of people, especially, in the presence of those whose faith is being maligned.
The tripplehorn never misses a chance to insult or abuse Hazrat Aaisha does he? A bigot and a hypocrite and tripplehorned to boot!!

Muslim First
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Re: Any Help With A Divorce Case

#20

Unread post by Muslim First » Fri Aug 08, 2008 2:24 pm

It led to Aaisha's opposition of burial of Hasan next to Prophet as was the then tradition of burial of Khalifas.
Have you seen layout of Hz Aisha's quarter (Sacred Chamber)? There was not room for any extra person to be buried there. I have a book which shows 2 layouts of Sacred Chambers and I can e mail it to Admin.

Sacred Chambers

Length Northern Wall 5.25 m
Length of Southern wall 4.8 m
Width 3.43 m

There are 2 versions of grave layouts.

How many people you are going to bury in it?

The 4th grave site in the chamber.

From: Chapters from the History of Madina-Ali Hafiz Page 75

Inside the room there is fourth site to accommodate a grave and it is reported that Sayida Aisya offered Abdul Rahman ibn Auf that he buried in it and had agreed that Hassan ibn Ali buried in grave but it was blocked by Omayyads. It seems that she changed her mind when Omer ibn Al-Khattab died. She asked Abdulla ibn Al-Zubair to bury her in Al-Baqee with her handmaids and not in the chamber. She originally wanted the site for herself and when Omar died she agreed that he be buried in the chamber with the Prophet and Abu Bakr.
Now do you want to keep fighting after 1500 years? We have better issues then that.

What happened after Prophet has no bearing for a Muslim. He still required to follow 5 Pillars.
As far as Aaisha's divorce is concerned, Ali did not have to do it. Allah did that because she disobeyed Allah and his messenger.
Only allah knows that. As far as Majority of Muslims are concerned Prophet SAW promised he Jannah.

Wasalaam

Muslim First
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Re: Any Help With A Divorce Case

#21

Unread post by Muslim First » Fri Aug 08, 2008 2:29 pm

In all bohris have a much better marriage culture than other muslims. In fact syedna is strongly against divorce. And this is in line with the teachings of prophet (PBUH).

Hope it answers your questions..
Excellent and JAK

Wasalaam

The_Dark_Knight
Posts: 6
Joined: Thu Jul 31, 2008 4:01 am

Re: Any Help With A Divorce Case

#22

Unread post by The_Dark_Knight » Fri Aug 08, 2008 2:47 pm

Originally posted by Muslim First:
Br. Areef

Back to divorce

What is MEHER in Bohra marriage?

Is it a token amount or some number like 52, 52000 etc. etc?

Does the money change hand?

What about maintance after divorce?

Wasalaam
.
Can u raise ur question on a seperate topic page please as its extremly rude to be raising a complete different question on sumone's topic page.If u cant show any interest in answering the question that i've raised then dont even try to waste ur time in askin pethetic questions on sumone elses page.
u want to raise questions by all means u do it in ur own time and on a "seperate" topic page please.i assume ur clever enough to understand wot i mean.hoping u wont repeat this silly mistake again.

Danish
Posts: 1106
Joined: Thu Apr 03, 2003 5:01 am

Re: Any Help With A Divorce Case

#23

Unread post by Danish » Sat Aug 09, 2008 12:57 am

Meher is similar to alimony. In Islamic shariah, I believe meher is usually given to females at, during or after seperation or divorce, whilst alimony in US or Western courts is conditional and oblige either sex.

Aarif
Posts: 1426
Joined: Thu Jan 24, 2008 5:01 am

Re: Any Help With A Divorce Case

#24

Unread post by Aarif » Mon Aug 11, 2008 1:57 pm

Danish,

You have no idea whatsoever about Meher. Do not display your ignorance by writing crap as usual. Meher is given during marraige and not during seperation or divorce. And also it is not alimony..

Muslim First
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Joined: Tue Jun 19, 2001 4:01 am

Re: Any Help With A Divorce Case

#25

Unread post by Muslim First » Mon Aug 11, 2008 2:13 pm

From: http://www.sitagita.com/view.asp?id=9627

RIGHTS ACCORDED TO WOMAN IN MARRIAGE

The primary right of the woman is the dower or meher, which is given by the husband to his wife. It may range from a token sum to a substantial wealth that is legally hers and she may save, spend or invest it according to her will. In addition she has the right to lodging, clothing and can even have the support of at least one servant to perform domestic chores and wait on her. In case there is more than one wife, she has the right to an equal share of her husband’s time. The Muslim woman has equal rights as the Muslim man has. A Muslim widow is encouraged to remarry and her remarriage is the responsibility of the Muslim society. A Muslim mother is given the highest form of respect.

Muslim First
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Re: Any Help With A Divorce Case

#26

Unread post by Muslim First » Mon Aug 11, 2008 2:18 pm



Muslim First
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Re: Any Help With A Divorce Case

#28

Unread post by Muslim First » Mon Aug 11, 2008 2:30 pm

Caution

The Dark Knight resents polluting his/her forum
Can u raise ur question on a seperate topic page please as its extremly rude to be raising a complete different question on sumone's topic page.If u cant show any interest in answering the question that i've raised then dont even try to waste ur time in askin pethetic questions on sumone elses page.
u want to raise questions by all means u do it in ur own time and on a "seperate" topic page please.i assume ur clever enough to understand wot i mean.hoping u wont repeat this silly mistake again.

Muslim First
Posts: 6893
Joined: Tue Jun 19, 2001 4:01 am

Re: Any Help With A Divorce Case

#29

Unread post by Muslim First » Mon Aug 11, 2008 2:36 pm

You have no idea whatsoever about Meher. Do not display your ignorance by writing crap as usual. Meher is given during marraige and not during seperation or divorce. And also it is not alimony..
Br. Areef

As

Danis might be correct as far as present Meher is concerned in some casts of Islam. In my village custom no Meher is given but entered in Nikah Naama. In case of divorce this amount becoms due. This works against women.

A customery 'Dahej' is given by bride's family and may consist of furbiture for 2 rooms and clothes and some 'Bertans'.

Wasalaam