Dubai Forums Dubai Discussions Dubai Politics Talk Philosophy and Religion Forums

If a man proclaims "I divorce you" three times, that's the end of the marriage? He's free to walk away? Sharia law when it comes to marriage and crime is still in the dark ages and very backwards.

I see American woman who are Muslims living in Dubai who live with the fear that should the husband want a divorce (expat divorce rate here is very high), or should she for that matter, with the sweep of a hand she can loose her child/ren to him, without a court determining if indeed he is the better parent, nor are the wants of the child/ren taken into consideration. He could be a wife beater, a cheating husband, have a second wife, an abuser, none of this is taken into consideration because: the law (Sharia) is the law (Sharia). If he decides he doesn't want the children he doesn't have to pay child support or alimony. Sure, a divorce can be obtained through lawyers outside the country, but while living in Dubai, they still live under Sharia law.

Fortunately they can make all the demands they want, it will never happen.

Here they are, the six principles of shariah:

1. The right to the protection of life.
2. The right to the protection of family.
3. The right to the protection of education.
4. The right to the protection of religion.
5. The right to the protection of property (access to resources).
6. The right to the protection of human dignity.

kanelli wrote:Look at the case of Marnie Pearce whose husband Ihab el Laban had an affair with an American woman and the marriage split, then he called the police on Marnie when she had a male friend over and she ended up arrested and jailed for months for adultery. She was dragged to the court where there was a Muslim divorce and the kids were given to the husband. El Laban has now married the American woman and Marnie Pearce only has visitation rights with her kids. Who knows if el Laban will pick up and leave to the US with the kids, because under the law it seems that he has every right to do that.

Even as a non-Muslim a husband could stop his wife from leaving the UAE. If a husband dies, the bank accounts are frozen and eventually the money is given to his father instead of his wife. So there would be a huge delay and inconvenience in getting access to the money. Sorry, but that is a lot of power for men and little for women.

So, in divorce in Islam the husband does not get custody of the children as soon as all children are old enough to be weaned from their mother?

The teachings of Islam have to be taken into account in “totality” to understand the circumstances. For example, ‘Islam permits polygamy’ but with an additional instruction that ‘justice be done to all the wives’. Hence, an instruction (which suits a person) cannot be selective and implemented without taking into account other “modifiers.” In the same way, divorce also has to be looked at in totality. (2) Many things in Islam change with the elements of the situation. For example, eating during normal days and during fasting. Divorce also changes in Islam based on the situation, from highly undesirable or nearly forbidden (without good reason) changing to highly recommended or nearly obligatory (in situations like when the wife is unfaithful).

Is the husband not divinely appointed as the head of the household and therefore can prohibit his wife from doing many things?

A woman can not get divorce from her husband, if she simply doesnt like him!