Posted:
I'm so annoyed at this whole halala business & misrepresentation of how Khula is an annulment of the marriage where the marriage simply ceses to exist! *poof* 😲 that's being talked about on this tumblr account & how it stands true in Zoya & Ayaan's case if the zee synopsis is true.
Halala is not an Islamic practice & khula dsn't mean the annulment of marriage. I really hope they don't show it on the show- what a disgrace it would be.
I'm re-posting my answer to the writer of the tumbler post who was pretty annoyed when I wrote her post is baseless and Qubool hai should not go in that direction:
Originally posted by bheegi
Here is a reply by Mitwakaishq...I am just posting it for her:
Here is a reply by Mitwakaishq...I am just posting it for her:
A Response to the Khula Post
It will be easy if I respond to each point here only.
So I was just informed that someone on IF has posted a counter statement to my Khula post, whereby they disagree with my statements. Since I am not going back to IF any time soon, I just wanted to clarify a few things about my post, lest people think I am talking nonsense:
No one thinks you are talking nonsense, it is just that your post is not in sync with the QUran & sunnah. I personally loved your post on foreshadowing & even mentioned it in my thread 'KaBhi Factor'
- The post was not a result of me pulling things out of thin air or going on Google.
- I first went to my father, who is dedicated to the study of Islam and he explained the concepts to me, and the difference between it's practice in the Quran and the Hadith.
I would really appreciate it if the reference of the Hadith book and number can be given 😊 - In the absence of my father, I have a friend who is in Islamic theologian (and has been for the past 20 years) and I spent an entire afternoon with him to get the facts and details right and he proofed it before I published, to make sure that I didn't say anything incorrect Again direct references would be useful here
- The Khula is the application of separation from a wife from her husband but it is also applicable in the circumstances that I listed in that post, and that particular post was in reference to QH and Ayaan's- and- Zoya's temporary marriage and since we know that Zoya isn't the one to apply for dissolution of the marriage, it wasn't relevant to the argument.
The crux of your post was:
Firstly, there is a massive distinction between annulment and divorce in Islam. Divorce is applied when you are ending a legal and valid marriage, whereas an annulment actually questions the legitimacy and validity of the marriage. If certain conditions are not adhered to during the marriage ceremony, then that marriage is null and void, to the extent that it is erased from existence, and the 'khula' (annulment) procedure, in effect, renders it so that the marriage never took place.
Standard practice in Islamic marriages requires, two (emotionally and mentally) capable , consenting adults, with verbal consent in the presence of two reliable witnesses, and the bride's parents/guardians must give their expressed consent and be present for the marriage to be valid. There are also other details that can result in a marriage becoming null and void but I am only listing the ones that will be applicable to Ayaan and Zoya:
- Marriage without the guardian's - parent's consent can be a cause for the annulment of marriage (in the event the objection isn't based on superficial reasons). Consequently, while elopements are accepted practice, they are not considered a valid marriage.
The above underlined points absolutely contradict Islam.
You DO NOT need parental consent if both Man & Woman have crossed puberty.
Conditions for a Nikkah to be valid are simply:
A) Two consenting individuals
B) A Qazi to carry out the nikkah
C) Adult witness from groom and brides side (1 each if witnesses are men; 2 women serve as 1 witness in case the witness are women)
D) The presence of the woman's guardian (Wali)* - The presence of a guardian, who must be a, male, free, adult, trustworthy. The woman's father is the one who, has the right of giving her in marriage, or her grand father, regardless how far up his lineage may be, or her son regardless how far down his lineage may be,then her first brother, or her half brother, or their sons, or her first uncle, or her second uncle. or their sons, or the closest of kinship to her from the taseeb group, or in absence of all of the relations mentioned above) the governor. (ref http://www.islamhouse.com/p/328626)
I believe 'Mitwa ka Ishq' is confusing gurdian with consent from parents, though it is as mentioned abouve full acceptable for the Nikah to be carried out in absence of parents.
E) Decision on amount of Mehr
F) Additional clauses e.g. in the event of husbands death custody of children will solely go to mother not to husband's parents. - Marriage with the intention of divorce or for other than the valid purpose of marriage such as marriage for legal papers, etc.
- Temporary or conditional marriage is not valid.
- Furthermore, the act of annulment can only be applicable if one or both the married parties are aggrieved, and it cannot involve a third person
- How do I know this beyond theology? A family member decided to elope and because the marriage was not approved by her parents, they were able to apply for Khula and it rendered the marriage null and void based on most of the terms I explained in the Khula post: there was no expressed consent of the guardian, their objections were reasonable and the family of the bride and groom were not present for the Nikaah.
Please refer to my answer for point 4
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