Thursday, October 25, 2018

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

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

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.

ROBERT SPENCER is the director of Jihad Watch and a Shillman Fellow at the David Horowitz Freedom Center. He is the author of eighteen books, including the New York Times bestsellers The Politically Incorrect Guide to Islam (and the Crusades) (Regnery Publishing) and The Truth About Muhammad (Regnery Publishing). His latest book is The History of Jihad From Muhammad to ISIS (Bombardier Books).
Spencer has led seminars on Islam and jihad for the FBI, the United States Central Command, United States Army Command and General Staff College, the U.S. Army’s Asymmetric Warfare Group, the Joint Terrorism Task Force (JTTF), the Justice Department’s Anti-Terrorism Advisory Council and the U.S. intelligence community. He has discussed jihad, Islam, and terrorism at a workshop sponsored by the U.S. State Department and the German Foreign Ministry. He is a consultant with the Center for Security Policy.
Spencer is a weekly columnist for PJ Media and FrontPage Magazine, and has written many hundreds of articles about jihad and Islamic terrorism. His articles on Islam and other topics have appeared in the Los Angeles Times, the San Francisco Examiner, the New York Post, the Washington Times, the Dallas Morning NewsFox News OpinionNational ReviewThe FederalistThe Hill, the Detroit NewsTownHall.comReal Clear Religion, the Daily Caller, the New Criterion, the Journal of International Security Affairs, the UK’s Guardian, Canada’s National PostMiddle East QuarterlyWorldNet DailyFirst ThingsInsight in the NewsAleteia, and many other journals. For nearly ten years Spencer wrote the weekly Jihad Watch column at Human Events. He has also served as a contributing writer to the Investigative Project on Terrorism and as an Adjunct Fellow with the Free Congress Foundation.
Robert Spencer has been a featured speaker at the University of California-Irvine, Temple University, Dartmouth College, Penn State University, the University of California-Los Angeles, Stanford University, New York University, Brown University, the University of North Carolina at Chapel Hill, the University of Virginia, State University of New York-Binghamton, State University of New York-Stony Brook, Florida State University, DePaul University, the College of William and Mary, Washington University of St. Louis, the University of Wisconsin at Madison, the University of Wisconsin at Milwaukee, Boise State University, Cal Poly, Portland State University, and many other colleges and universities. He has also addressed the Heritage Foundation, the Simon Wiesenthal Center’s Museum of Tolerance in New York City, the Hudson Institute, the Temple of the Arts in Los Angeles, the San Diego Jewish Book Fair, the Young Presidents’ Organization, Calvary Chapel Pacific Coast, the Conservative Political Action Conference (CPAC), FreedomFest, Young America’s Foundation, Hershey’s Sweet Retreat, the John W. Pope Civitas Institute, the Conservative Forum of Silicon Valley, Train the Trainer, and many other audiences.