“When ye divorce women, and they fulfil the term of their (iddah) either take them back on equitable terms or set them free on equitable terms, but do not take them back to injure them or to take undue advantage, if any one does that, He wrongs his own soul. Do not treat God signs as a jest, but solemnly rehearse God’s favours on you, and the fact that He sent down to you the Book and Wisdom, for your instruction. And fear God, and know that God is well acquainted with all things.” (Al-Baqarah: 231)
It puzzles me when I read the news of a woman with two husbands. And it puzzles me even more when I read this statement by the husband “Hasrat saya mahu mengembalikan maruah sebagai suami akhirnya termakbul” in another news clip. I wonder what maruah is he talking about. I have been thinking to write about this since last week, to express my disappointment over the case, but just can't really find time to do it. I am hoping that this case will be an example for all
This case is a perfect example of how the inefficiency of an Islamic Religious Affair office managed to ruin the life of a woman, and also a perfect example of how a husband managed to manipulate Islamic law to suit his own ego. As a result, 4 souls are now in misery.
Absurdity # 1 : The lost of the divorce paper due to flood, the factor forcing the wife to remarry outside Malaysia. Am not sure what the procedures will be should such case happen, gotta refer to my father the next time I meet him. But surely the pejabat agama should be a little more responsible to settle her problem, calling the couple perhaps, even if replacing the paper is not possible? Heh.. perhaps I should teach them on how to develop a disaster recovery plan.
Absurdity # 2 : Fine, husband has the right over his wife to reconcile according to Al-Baqarah 228. But isn't it just plain absurd if the wife was not made known of the reconciliation for 8 years! Then what's the reconciliation for? Surely it wasn't done for fun? Isn't the wife forms part of the reconciliation, such that if she's not made known, it defeats the purpose?
Absurdity #3 : The husband failed to fulfill his responsibility as a husband for 8 years, no maintenance, no relations. For the 8 years, had it not occur to him that the marriage was no longer in a workable condition? Okay.. perhaps the wife was difficult, perhaps the wife was the one who refused to be in peace with one another. But as a responsible husband, had it not occur to him that he should let his wife go to find her own happiness, that it will be better rather than to let her hanging nowhere? Isn't that will be more in line with al-Baqarah 231?
I am hoping that this case is an isolated one. But this can be an example for all women out there, to be careful, and to settle matters right to the end to avoid unnecessary absurdity relating to Malaysian islamic law later on. Remember, the Qur'an gives us right to protect ourselves as outlined in the following verses:
“If a wife fears cruelty or desertion on her husband’s part, there is no blame on them if they arrange an amicable settlement between themselves, and such settlement is best, even though men’s soul are swayed by greed. But if ye do good and practice self restraint, God is well acquainted with all ye do.” (An-Nisa’:128)
“A divorce is only permissible twice, after that the parties should either hold together on equitable terms or separate with kindness. It is not lawful for you to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by God. If ye do indeed fear that they would be unable to keep the limits ordained by God, there is no blame on either of them if she gives something for her freedom. These are the limits ordained by God, so do not transgress them if any do transgress the limits ordained by God, such persons wrong.” (Al-Baqarah: 229)
Catatan Dari Manek Urai
12 hours ago
