Sharia law and personal status issues

• What are the traditional sharia laws governing personal status issues? Does anyone knows about ist and can give me some information?
  
  Thanks, Evan

  29 May 2007, 12:32 Evan

Replies

• some information about Sharia law

  Maybe that can answer your questions:
  
  * Marriage: Islamic marriage is a contract between a man and a woman. In the broadest of terms, the husband pledges to support his wife in exchange for her obedience, Brown says. Women can demand certain rights by writing them into the marriage contract, but the man is the head of the family, and traditionally, a wife may not act against her husband's wishes. (The Quran permits men to use physical force against disobedient wives in some circumstances, Powers says.) Traditional practices still have significant impact on modern law: in Yemen and other nations, a woman cannot work if her husband expressly forbids it. In Syria, a wife can work without her husband's consent, if she renounces her claim on him for financial support. Undersharia, a Muslim woman cannot be married legally to a non-Muslim man, but a Muslim man can be married to a non-Muslim woman. Marriages can traditionally take place at young ages--in Iran, the age of consent is 13 for females and 15 for males, and younger with a court's permission. In Yemen, the minimum marriage age is 15.
  * Divorce: Under sharia, the husband has the unilateral right to divorce his wife without cause. He can accomplish this by uttering the phrase "I divorce you" three times over the course of three months. If he does divorce her, he must pay her a sum of money agreed to before the wedding in the marriage contract and permit her to keep her dowry, Powers says. Classicalsharia lays out very limited conditions under which a woman can divorce a man--he must be infertile at the time of marriage; insane; or have leprosy or another contagious skin disease. Most Islamic nations, including Egypt and Iran, now allow women to sue for divorce for many other reasons, including the failure to provide financial support.
  * Polygamy: The Quran gives men the right to have up to four wives. There are some traditional limitations: a man must treat all co-wives equitably, provide them with separate dwellings, and acknowledge in a marriage contract his other spouses, if any. A woman cannot forbid the practice, but can insist on a divorce if her husband takes a second wife. Polygamy remains on the books in most Islamic countries, but some countries limit it through legislation. It is banned in Tunisia and Turkey, though reportedly it is still practiced in some areas of Turkey.
  * Custody: In a divorce, the children traditionally belong to the father, but the mother has the right to care for them while they are young, Powers says. The age at which a mother loses custody differs from nation to nation. In Iran, the mother's custody ends at seven for boys and girls; in Pakistan, it's seven for boys and puberty for girls. Many nations, however, allow courts to extend the mother's custody if it is deemed in the child's interest.
  * Inheritance: Mothers, wives, and daughters are guaranteed an inheritance in the case of a man's death. In the seventh century A.D., when the law was developed, this was a major step forward for women, Powers says. However, sharia also dictates that men inherit twice the share of women because, traditionally, men were responsible for women, Powers says.

  Joseph 29 May 2007, 12:34 - Report

• divorse

  im a new muslim im not wearing the hijab yet some times and not praying in arabic little im learing ive been married 1 month my husband wants a divorce i dont live with him he gives me no money or food or home i visit him 1 ns a week its breaking my new faith he says im not right i feel hes not right what i can do

  fatima 26 Oct 2008, 10:03 - Report

• divorse

  Salam fatima, not wearing hijab is not good and its haram and i am sorry to tell you that you are not muslim.... no wonder why ur husband wants a divorse in you..

  sara 17 Nov 2008, 05:21 - Report

• reply to Sara

  SARA........new muslims need time to adjust, how dare you judge her! You should be ashamed of yourself, and maybe YOU arent muslim, or not a good one-becuz you judge!

  someone who cares 14 Jan 2009, 09:09 - Report

• what should i do? plssss help...

  hi i am filipina married to a kuwaiti man we are expecting a baby boy end of this month. my problem is since the time he married me he has been unfair to me... he doesnt stay with me at night all the week he stays in his first wife's house, in our marriage contract he ask me to tell the judge that we agreed that i will not have the half of his first wife's house and that he will give me my own 3 bedroom flat but until now i am still sharing (living in a room) everytime i open this topics he will start to argue and tell me that i am a threat to his first family that i will slowly destroy his family. he always quote as "you are like an ant slowly,slowly you will take everything from me and destroy my family" this quote really hurts me so bad.... so in return i always tell him if you think i am a threat to your family from now divorse me... i've been asking for my divorse many times but he always says ok tomorrow but he never did... when i asked him the last time he told me he love me and he dont want to loose me.... i am really confused and unhappy coz this isint the life i dreamed of... he cant even tell his parents about me..i know everything about his first wife but she doesnt know anything about me... from the beggining when he married me i wasnt aware he was still married he told me he was divorsed and no kids at all.... just lately i found out that he was still married and had 5 kids....what should i do?

  jinan 19 Jan 2009, 11:45 - Report

• REPLY TO - filipina married to a kuwaiti man

  JINAN:
  dear sister, your feelings are well justified!
  You are being treated like a "dirty little secret"... and that is totally unlawful, remember that if a man cannot treat ALL of his wives equally fair, then he must divorce!
  And also, he is acting ashamed of you by not telling the others, and he emotionally abuses you by saying you are like an ant, ...ect...Sister , do whatever you need to do to SAFELY stickup for yourself, and your baby. But remember that somethings may take awhile to change, and it is better to "train" your husband with love and kindness as a reward for his good behavior, and teach how to treat you right..
  ALLAH will judge him for his good and his bad, remind him of that

  someone who cares 20 Jan 2009, 11:05 - Report

• thanks for a very enlightning reply sister...

  i am a little confident now that i know my feelings are right...i really want to get over this and i swear i am just fighting for my baby... right now my no. 1 priority is my son... i want him to have his rights from his father... i dont care if i wont take any but just for him... last night before he left going to his house i opened the same topic again in a calm way and i begged him to do not mis understand and hear me out just for once... and gladly he agreed w/me. i asked him what if your wife finds out about me and your son from me what you will do? he said "there's no way she will find out about you n our baby execpt if she goes to the court and ask about his marriage details" which he put in his mind that his wife will never do coz she didnt had enough education...meaning she's stupid! is it true that my name will not be shown in his file? we are 100% legally married in the court of kuwait w/ 2 witnesses and i have all the original copy of the contract...please make me understand well about this? thanks godbless you all...

  Jinan 22 Jan 2009, 07:37 - Report

• reply to Jinan:

  I don't know about the marriage details, and the files... sorry.
  But I do feel that is not the main problem- because he still makes you unhappy.
  I will make dua for you both -on this matter.
  
  You should ask him to tell you exactly WHY he wanted to marry you...and what did he expect your 2 lives to be like ??
  And he needs to make good and keep his contract promises !!
  If he promised to do something like a house, or money, or love---then he MUST--by obligation -follow through and HONOR the promises....or he is doing wrong by you and Allah..
  ...for Allah knows everything and every intention of his!
  Keep the faith and stand your ground-because you and your son are worth it** to have a wonderful loveing family life. dear sister- I wish you the best inshaAllah

  someone who cares 23 Jan 2009, 11:15 - Report

• to all muslim women:

  this will help with other question for sisters only please...
  
  http://www.sistersinislam.org.my/index.php?option=com_content&task=view&id=198&Itemid=164

  someone who cares 23 Jan 2009, 11:44 - Report

• thanks .... to someone who cares...

  i really appreciate every single word u say and i thank you specially allah for that.... thanks for the prayers and i hope it'll work out... untill now im still waiting for my unborn son... heres i more thing... i had my last check up last november 2008. and the doctor said my due date is on 29th of january 2009, means it'll be this thursday right? since nov. 2008; many times i've been asking my husband to take me to the doctor for prenatal check-up but beleive me or not he always refuses and just tells me inshaallah your baby will be good... and he insist i dont need check-up coz i'll be giving birth soon... i am not stupid i know how to go to a doctor but the problem he doesnt give me permission and i guess i know the reason besides, [here in the law of kuwait also in the rules of islam i cant go or do anything unless my husband tells me to do so].... because the clinic where i should go is in the same neighborhood his family is living and we have thesame address in my civil id and visa...which means i should go to the same clinic where his 1st wife goes everytime she gets pregnant and the same hospital where she gaves birth... i am afraid of my condition now coz anytime i can give birth but i dont know if my baby is ok or not... what should i do?

  Jinan 25 Jan 2009, 02:45 - Report

• Jinan, dear sister:

  I think you need to talk to someone (woman doctor)...or someone from the masjid, and see if they can help you on that- if you cant leave the house and you are being a "prisinor" of an uncaring husband--then someone needs to be aware of this...........your husband sounds like a real jerk--just be very careful who you trust, and inshaAllah things will work out.
  The last thing you want to do is feel all ALONE right now. You need support from everyone, family, other sisters, and anyone else. But li9ke I say just be careful and dont say too much too fast--to the wrong person, for your safety. Maybe talk with an elderly woman who has seen alot of things in her days, and is wise.-she may know helpful people

  someone who cares 27 Jan 2009, 12:01 - Report

• i will try again thanks...

  sister,
  believe me i've tried that lots of times but it seems that i always find the wrong person to tell my story too... for that reason i prefered talking it out in this forum... nobody listens to me and in exchange they blame me for everything. just last night we had a little misunderstanding and it became big this morning. last night i had a false labor and i panic he wasnt around so i called him but guess what? he never answered me or even returned back my call... why? coz he is with his family... i didnt sleep last night thinking what might had happen to me if that was a real labor? who will take me to the doctor? who will take care of me? i am living in a room i am sharing the flat with 1 couple and a single lady...but unfortunately this people doesnt like him either... i feel shy to ask help from them although i know they will because they are working. and besides i dont want them to think that my husband is totally neclecting me.... I am realy worried about this...

  Jinan 27 Jan 2009, 01:46 - Report

• Jinan-

  Here is the blunt truth:
  You got married to this man when you were very naive and innocent...and he took advantage of you.
  You must leave him- or you will be stuck there after the baby and he will get your son.
  *Can you ask the local imam for a divorce ? since he hasn't followed through on his marraige contract?
  Otherwise- you may want to think about going to his wifes house and telling her he is abusing you and you are pregnant...although this could be very dangerous, only you can decide if you want to spend your life being miserable or take a chance and things may get worse--or he may give you the divorce ...
  Otherwise, maybe there is a female military woman or group that can help.
  (May Allah be on your side and protect you always sister, ameen)

  someone who cares 28 Jan 2009, 03:07 - Report

• i gave birth last feb 7

  hi sister,
  i gave birth with a bouncing baby boy my husband named him Fahad i am so happy at last i saw my son. and eventually little by little my husband started to changed... he became more involved with me and my son. although he's still hidding us from his family atleast he's giving me now a little freedom to speak... i guess and i wish my son has open his mind...i hope it'll continue untill fin'lly everything would be just like what it has to be...in the eyes of the people and ofcourse in the eyes of allah... i thank u all who shared me my sorrows and gave me advice on my battle in life specially to you "someone who cares" thanks and godbless you.

  Jinan 15 Feb 2009, 02:12 - Report

• JINAN : please read

  I am very happy for you- maybe I will see you around. (I will be online as named someonewhocares --- at this website...
  http://www.islamicboard.com/

  someone who cares 19 Feb 2009, 11:07 - Report

• do i have to be married

  i have been offered a job working in oman and have been told that i have to be married.
  i have a partner of 5years and we have our baby daughter (aged 3)So what is the ruling.

  steve. 01 Apr 2009, 11:00 - Report

• wat should i do? facing the problems or leave

  I am foreigner get married with omani . My married was secert here only his mother, brothers, & some friends who know about this married except his first wife doesnt know.I have no kid because he said i cant ve now because of oman law with not allow to get married with foriengner till married approve by government. He promise me to have kid and he will tell his wife about this married when it approve but untill now he not start to do about the process of married approval. wat should i do? should i waitng for him to do as he promise or not because it seem it not to easy to get it and he care his wife and his kids so much.

  salfarah 03 Apr 2009, 07:49 - Report

• Woman from India married to man from America...both in Kuwait

  My BIL lives in Kuwait on a govt job from US. He met a woman there that is from India. She is pregnant and due at end of May,they have only been married 3 months. He wants her to come to US to have baby. Can they get in trouble, go to jail, or pay fines because they haven't been married long enough to have had a baby? Or is this not true? He said that in Kuwait they will ask to see marriage certificate once baby is born and if it doesn't add up with how long they have been married and when baby comes, they will be in big trouble. Please help. He wants her to come stay with me in US I have 5 kids. Will an airline let her fly this late? What if they lie and say she isn't due for a long time? Extra...I know he is Muslim (not sure if it is Nation of Islam which I know is different) Not sure if she is too, but they live in Kuwait

  CONCERNED 08 Apr 2009, 07:56 - Report

• what should i do

  i am a Muslim and i had married a lady from different counrty (she was buddhist) after converting her to islam.
  from the earlier after the merriage she was unfair in life but i could live on with that. we have a child (girl-age 5 years above.
  since beginning she never let me be confident that i am married and imy wife loves me.
  i tried every thing to put thing in a proper way so our life can be normal.
  in good days also she insulted me always. her biggest problem is doubting.
  i use to call her from my office before leaving in the evening and withing 10 minutes of my call i will reach home but she always doubted me.
  some how i was living this life. and trying to settle things.
  since past three years our communication became less and less untill it reached a point that we live in the same house, sleep in the same bed watch tv in the same room but no communication. i spoke to her so many times, i cried infact infront of her to let us solve this problem.
  i would add this that since more then thre years she have a lawyer and she is consulting ebery single word to do with her lawyer.
  last year when things get out of way she made me so frustrated that i slaped her. (reason of that is that she came to the door in her inner dress only) so as a human and musalim what should i could do. i ask her to go in but nothing.
  right after that she called her brother and she went to police station and put up a complaint against me. the case went to the court definitely she won it - because no one looks at the reasons of things like this, they only see he slaped her or no, without knowing the results after that decision. i had paid the penalty but the plans was some thing else. they took the copy of that decission and put up a case again for asking divorce as she is insecure with me in the house (please note that we lived in the same house even after that upto 8 months)
  in the court she says she is insecure but she lives in the house with me and i provided every thing i could thinking may be things can change and she will be ok.
  as a result i lost it again because every mind in this world thinks and believe that women is the most innocent creature on this planet. i agree but not all.
  she won
  divorce
  child custody
  child support
  her passport.
  after all this she does not allow e to see my child so i have requested the court for a time programme.
  but still she is always trying to find ways of troubling me like now she is putting another case on me that the child support is not enough.
  please note - monthly salary of one full time housemaid is 60\- and i am paying 70/- (as a whole, that includes- food, accommodation, health, and every thing means for life) for a 5 years child whitch is 50% of my total income. moreover i buy clothes, toys, shoes, etc as she is my daughter.
  she was never a good wife.
  she know that the daughter is my biggest weakness. so she is playing with me through my daughter.
  kindly advise me what should i do please.

  hussain 14 Apr 2009, 10:52 - Report

• reply to filipina married to some kuwait man

  What kind of a woman are u? I m totally shocked. You have no regrets that ur husband is already married to someone else and has five children!!! Well I just have to say that ur husband is having fun on both the sides. God will punish him seriouisly. And he will punish you too coz if doing injustice is wrong then facing injustice and keeping quiet is even more wrong.

  shrawanthi amruthwar 14 Apr 2009, 04:59 - Report

• Haram!

  I am a woman who has converted to Islam.. It has made me a better person and has bought me inner peace. I pity the people that speak about Islam badly. Have you ever read the qur'an or do you go by what people tell you?! It's a shame that you give advice even though you have no clue as to what you are talking about. You make Islam sound like it favours the man more than the woman and that we are oppressed (that couldn't be furthur from the truth.) I suggest to all people in doubt to pick up the Qur'an and read it thoroughly as well as the Sunnah before you go making rash decisions. Allah will guide you, especially if you want to be guided. Ma Salaama

  Mrs Alsaleh 03 May 2009, 02:27 - Report

• do i have to be married

  If you still need any advice on coming to Oman, since a few weeks have passed, just post here. But no, there is no problem to come to Oman if your wife and daughter have British Passports. Only if you want to get a residence visa for your family, so your wife can work for example, then you need a marriage certificate. You get 1 month visa on arrival for 10 pounds each when you arrive and you can extend it for 1 more month for 10 pounds at the local police station. A driver from your office can do it. After this you can make a trip by car to UAE, 3 hours from Muscat, 1 hour from Sohar, spend a day in civilisation and come back with another month for 10 pounds each again. There is no limit to how many times you can do this, so don't leave them behind. If you do decide to get married, you can also marry at the British Embassy in Muscat !! Send me an email address and I can let you know whatever you need.

  Stuart 18 May 2009, 06:21 - Report

• marrying a older women

  i wanted to know if it is legal to marry a older women.please could someone advice me on this?

  suni 26 May 2009, 02:13 - Report

• marrying a filipina in oman

  i wanted to know if it is allowed to marry a filipina lady here in oman, if the groom to be is a muslim and a palestinian nationality.if so, what are the rules they have to follow, and documentation needed? if not, what are the legal options they can choose to? please reply asap.. thank u so much

  kareem 27 Jun 2009, 12:48 - Report

• marrying a filipina in oman

  i forgot to mention that the filipina lady is a christian and im a muslim

  kareem 27 Jun 2009, 12:49 - Report

• Congrats

  Congratulatin your a mom already......
  
  missgiftsphilippines
  http://www.mytawagnaregalo.com/ver001/

  missgiftsphilippines 31 Jul 2009, 05:38 - Report

• congrats

  Congrats your a mom already....
  
  http://www.mytawagnaregalo.com/ver001/

  missgiftsphilippines 31 Jul 2009, 05:39 - Report