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India: Woman marries man so she can remarry first husband per Sharia, but new husband refuses to “release” her

Oct 24, 2018 1:15 pm By Robert Spencer

Nikah halala is one of the most bizarre aspects of Islamic law. It is a temporary marriage that allows a woman to return to her previous husband after a divorce. If her husband says “I divorce you” to her three times, she can’t return to him unless and until she marries another man, consummates the marriage, and is in turn divorced by the new husband. This is based on the Qur’an. Allah’s regulations for divorce emphasize regarding women that “men have a degree over them” (Qur’an 2:228). This may be why men can divorce their wives simply by saying, “Talaq” — You are divorced, or I divorce you. Such an easy procedure leads to divorces in a fit of pique, followed by reconciliation — and the Qur’an anticipates this and attempts to head it off by stipulating that a husband who divorces his wife three times cannot reconcile with her until she marries another man and is in turn divorced by him: “And if he has divorced her [for the third time], then she is not lawful to him afterward until she marries a husband other than him” (Qur’an 2:230).

“Muslim Woman Marries 65-Year-Old For Nikah Halala, But He Now Refuses To ‘Release’ Her For Remarriage,” Swarajya, October 24, 2018 (thanks to The Religion of Peace):

A bizarre case of Talaq and Nikah Halala has surfaced in Bareilly in which a 65-year-old man who did Nikah Halala with a young woman is now refusing to give her a divorce. Both the woman and her ex-husband are now caught in a fix, Live Hindustan has reported.

Aqil Ahmad married his daughter Juhi to Mohammad Javed in 2010. The couple had two sons. In 2013, following a minor scuffle between the husband and wife, Javed divorced Juhi. However, after some time, Javed and Juhi decided to reconcile and restart their relationship, but in came the provisions of Sharia.

According to Sharia, a divorced woman can remarry her first husband only after she gets into wedlock with another man and consummates the marriage and then gets divorced from him.

An agreement with a 65-year-old man on the condition of divorcing Juhi soon after the marriage was done by Juhi’s relatives. The Halala was performed in November, 2016. The old man, however, refused to divorce Juhi after the marriage, citing non-consummation of the marriage as the reason.

Juhi approached an NGO ‘Mera Haq Foundation’ with her grievance. The NGO tried to persuade the old man to give Juhi a divorce but he remained firm on his stand and said he would go to jail but will not grant divorce.

Now, the couple is caught between a rock and a hard place. Their two sons are worst affected by this turn of events. One of the sons lives with his mother and other lives with the father.

Islamic scholars have advised the couple to go to the sharia court for justice.

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Filed Under: India, Sharia, women's rights in Islam Tagged With: Bareilly


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Comments

  1. Sobieski says

    Oct 24, 2018 at 1:26 pm

    It seems there are 3 steps.

    1. Get into wedlock with another man, and

    2. Consummate the marriage, and

    3. Get divorced from him.

    Step 1 is complete.

    The husband insists on proceeding to step 2 before step 3.

    The wife wants to skip step 2, and go directly to step 3.

    Sorry, lady, but you signed up for this, right?

    • gravenimage says

      Oct 24, 2018 at 2:52 pm

      I wouldn’t assume that husband #2 is telling the truth here…

      • LB says

        Oct 25, 2018 at 9:29 am

        This entire case is hilarious, I genuinely laughed out loud after reading this! Just goes to show how many loopholes and inconsistencies are there in sharia law and islam in general. And the funniest part is that muslims believe that quran and sharia are absolutely prefect since they were handed down by allah himself. Well then, what do you do if the rebound husband doesn’t want to divorce the returning wife even after consummating the marriage?

        Personally, I’m rooting for the old man. It’s not often that a young wife would just fall into his old paws out of the blue. Why would he give her up? lol

    • J D S says

      Oct 25, 2018 at 10:13 am

      Ooooooooo…..that picture sure is a scary Halloween group.

  2. Anjuli Pandavar says

    Oct 24, 2018 at 1:27 pm

    Islamic scholars have advised the couple to go to the sharia court for justice.

    ——–

    Only Islamic “scholars” can come up with such brilliance! It’s perfectly understandable that even an Oxford professor would prefer consulting the “scholars,” rather than trusting his own ethical judgement on whether women should be stoned to death for adultery. We don’t want to make a mistake on this one, do we now?

  3. Cthulhu says

    Oct 24, 2018 at 1:31 pm

    (Nelson’s laugh) HA-HA!

    • mortimer says

      Oct 25, 2018 at 2:45 am

      To be precise, “alim” means a learnèd one. The “ulema” are not “scholars” in the sense of our university scholars, but rather, they are SHARIA LAW HISTORIANS. They know for instance, what was done in centuries past and how it applies to today.

      They learn a whole lot of rulings and then look it up. It’s rather cut and dried.

      This absurd idea of Mohammed came from a misinterpretation of the New Testament ruling of Jesus on adultery.

      “But I say unto you, That whosoever shall put away his wife, saving. for the cause of fornication, causeth her to commit adultery: and. whosoever shall marry her that is divorced committeth adultery. … and whoever marries a divorced woman commits adultery.” – Matthew 5:32 – Mohammed got it completely wrong showing what total DOPE Mohammed was. Jesus did not recommend adultery to get a divorce. Far from it. The idea is that NO ONE should be forced to commit adultery or lured into it. Mohammed made adultery COMPULSORY. How asinine!

      Muslims who follow such a repugnant and cruel idea as Mohammed’s are as morally moronic and cruel as Mohammed was.

  4. European pagan says

    Oct 24, 2018 at 2:15 pm

    They should convert to an other religion and they can marry again, it is so easy 😉

    • Lx says

      Oct 24, 2018 at 7:53 pm

      Oh, yeah, sure.. except the provision for leaving the faith is stoning..

  5. CogitoErgoSum says

    Oct 24, 2018 at 2:21 pm

    It is odd that the old man cites non-consummation as his reason for not divorcing the woman. If the marriage has never been consummated, as the old man states, the marriage will most likely be annulled by a Sharia court. I found the following under the Wikipedia article concerning annulment:

    “Also, Sharia does grant a Muslim woman simple ways to end her marital relationship and without declaring the reason. Faskh or (kholo) (annulment) doctrine specifies certain situations when a Sharia court can grant her request and annul the marriage.

    Grounds for Faskh are: (a) irregular marriage (fasid), (b) forbidden marriage (batil), (c) the marriage was contracted by non-Muslim husband who adopted Islam after marriage, (d) the husband or wife became an apostate after marriage, (e) husband is unable to consummate the marriage. In each of these cases, the wife must provide four independent witnesses acceptable to the Qadi (religious judge), who has the discretion to declare the evidence unacceptable.”

    Of course, if the marriage is annulled the woman will again have to find another man to marry her and consummate the marriage and then he will need to divorce her before she can go back to her first husband.

    BTW, I assume that if the old man says the marriage was never consummated, his word should be good enough because it would be ludicrous to have four people say they were witness to something that never happened. Or ….. would the old man have to have sex with four women who will testify that his IS able to consummate the marriage but has not been allowed to do so by his wife? But then, wouldn’t those four women be liable to charges of fornication or adultery …. so why would they testify to such a thing?

    Just one more reason I can not believe that Islam comes from God.

    • mortimer says

      Oct 25, 2018 at 2:48 am

      Oops … foiled. This is a moral abuse of people. Islam causes massive suffering and we should all work hard to get Muslims to leave it.

  6. pumbar says

    Oct 24, 2018 at 2:37 pm

    Can’t the young man declare the old bloke takfir, declare jihad on his arse, beat him up and then take the wife as milk-al-yamin?
    Thats what mo would have done (grease be upon him).

    • CogitoErgoSum says

      Oct 24, 2018 at 3:04 pm

      Yeah, these Muslim men should follow Muhammad’s example more closely. If this old man had done as Muhammad did he would have gone to his reward by eating poison at the age of 62 and no longer be here. I wonder if this old man lets his wife cook for him?

      • pumbar says

        Oct 24, 2018 at 7:56 pm

        The poisoned lamb lies down on Bombay.

        • winoceros says

          Oct 25, 2018 at 4:02 am

          +2

  7. gravenimage says

    Oct 24, 2018 at 2:48 pm

    India: Woman marries man so she can remarry first husband per Sharia, but new husband refuses to “release” her
    ………………………

    I’d always wondered what would happen in a case like this…

    More:

    Islamic scholars have advised the couple to go to the sharia court for justice.
    ………………………

    Isn’t Shari’ah law what got them into this trouble in the first place?

    • 6woods says

      Oct 24, 2018 at 4:25 pm

      There is no logic in islam. allah has declared logic to be haram.

      • gravenimage says

        Oct 26, 2018 at 9:28 pm

        So true, 6woods.

  8. Dum Spiro says

    Oct 24, 2018 at 6:00 pm

    It sounds like Nikah Hahaha instead.

    Poor woman is caught between Iraq and a hard place.

    Abandoning a false belief system should help this…
    — Spero

    • PRCS says

      Oct 25, 2018 at 2:46 am

      Good one!

  9. IndianTiger says

    Oct 24, 2018 at 6:07 pm

    Such sheer stupidity can only be found in islam. On another note, a depraved muslim was arrested in India recently for raping a 4 month old calf!

  10. Gamzu says

    Oct 24, 2018 at 6:40 pm

    Biblical law is just the opposite: a divorced couple CAN remarry UNLESS the wife has married someone else in the meantime. I can’t cite the verse offhand, but it’s somewhere in the first five books.

    • Len Phillips says

      Oct 25, 2018 at 9:50 pm

      you are talking about Old testament. Even the new testament was according to laws 2000 yrs old, so not applicable today.

  11. Halal Bacon says

    Oct 24, 2018 at 9:10 pm

    I would love to see the muslim version of monopoly, or perhaps the muslim version of the game of life, liek would there be ied’s along the road?

  12. PRCS says

    Oct 25, 2018 at 3:06 am

    “Islamic scholars have advised the couple to go to the sharia court for justice.”

    Ya and sure, that’ll do it.

    Go to a Shri’ah court in the vain hope that a bunch of other men like those noted below will cast the Shari’a aside and side with the woman.

    UK: A BBC report found that Halala is common in certain south-Asian Muslim communities in the UK. The report uncovered many instances where women were socially and sexually exploited by so-called local religious figures.”

  13. f c king says

    Oct 25, 2018 at 3:25 am

    ALLah must have told muhammad to require this law.

  14. rudrappa agadi says

    Oct 25, 2018 at 3:51 am

    First of all, Nikha Halala procedure of remarrying another man, should be completely removed from the muslim practice of divorce and remarriage. It is so un-holy of sleeping with the third person who has just performed nikha and if he is more happy with that wife, definitely he will not leave her as has happened in the present case. Government should bring proper amendment to this headless, un-holy, male dominated nikha halala in Islam.

  15. J.W.K. says

    Oct 25, 2018 at 6:53 am

    Poor little twit. Well, that’s what comes of following an “ideaology” built on idiocy and perverted logic.
    So honey girl married Peter Peter Pumpkin Eater, and is in the proverbial pumpkin shell.

  16. Hudson says

    Oct 26, 2018 at 1:22 pm

    I love that photo! I think everyone will recognize the gal 3rd from the left.

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