Channel: Hatem al-Haj
Series: Hatem al-Haj - Fiqh of Family
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to proceed. So this would be the next chapter here on not forgotten that the maintenance of women observing guide.
So do remember that for women, quickly to go over the idea for women, what is the first question that you have to ask
when she pregnant or not?
Yes. No one if she is pregnant.
childbirth ends her I
know, what's the next question
if the husband died, yes.
No. What is it if it is death for months and 10 days? The husband did not die. What is the next question you want to ask?
Was it consummated marriage or not?
No, or Yeah, or Yes. Remember last time I had this?
Yes. No. What is it? If it is no,
there is no. Yes. What question do you need to ask.
menstruating are not menstruating?
Yes. menstruating? Not No. Not administrate and what is it here?
What is it here? Three months.
Guys are great. Okay. So as the algorithm for died. So he says now we're talking about nothing more than that, or the maintenance of women observing.
Keep in mind that women after divorce will have rights. Other than the you know, the
hand the motor? The motor we talked about? Before, we didn't talk about
how with maybe we didn't talk about? Are we talking about motor here?
Yes, we're talking about my time here. So
in general to get them out of the way.
Where Where do we talk about them?
introduction, okay, so let's just get the motor out of the way. Because women wouldn't have many financial rights. So she has the right of havanna agenda, hardener compensation for the custodian of the children. If she has custody and she has children, she will be maintained because she's taking care of the children gave him that she is not sort of that she's dedicated herself for the children or dedicating a part of her time for the care of taking care of the children and these things have to be sort of done equitably. We will have to make sure that things are done equitably. Because if she's going out and working.
She's not really dedicated for the children. But still she is being limited. Maybe she's not able to work full time. Maybe she's not able to work further away from home so that there would have to be adjustments there. That is why these things are left for the court to the side.
So but there is no the concept of a jetted Havana is there in Islam except in the Maliki method they don't consider a wealthy woman are deserving of a woman that is not in need. They don't deserve consider that she taking care of her children. She She should be paid to take care of her own children because they consider her capable and these are her own children so she should take care of them.
But the rest of the jamawar will give her when make it cry.
I'm obligatory on the husband to give her a gentle hardener that's compensation for custody compensation for custody. So, but if she does not have children
that is she entitled before we get into the Africa part, which is the maintenance during the time of Eid is she entitled to
to some other financial rights? The Hana fees and hand bellies said that the concept of matar
Allah subhanaw taala says in the Quran went into lockdown mode and come
out of Arizona for a
if you divorce them cover the anthem. So now before you consummate the marriage,
before you touch them before you consummate the marriage, how to get a loan for either or designate a dowry for them for mature one not and
give them a gift of consolation that's material on a gift of consolation to consult them give them a gift of conservation item was a father who mocked in Colorado for the capable according to their means for the in sort of insolvent according to their means metallian model you have
a provision that is binding
that is a right upon the model of provision within reason. How can Allah machine that is the right upon the good doers. And the magmatic took that good doers and said that the motor is not obligatory at all, on anyone, because it's hochkar Martini, it's the good doers, it's a good thing, but it is not required. But aside from the position of your medic, which is considered to be a weak position, by the majority, at least,
aside from the position of human medic,
the hierarchies are honeyberries the took this idea and implement unimplemented that, you know,
literally, that the motor is only for women, not literally but they went to buy the home of this idea that the motor is meant only for women who did not have a designated dowry, and
marriage dissolved before consummation. Then we're divorced before consummation. Because after consummation, if there was no designated salary, what happens?
He would have to pay a diary, the diary of Heron lakes, you know, her counterparts among women, but before consummation, and before designating a diary or agreeing gallery.
If they were contracted, and they dissolve the marriage. At that point, then it would be a matar.
so the lowest motto would be a garment, and the highest matar would be a servant.
Big in our times, the difference is huge between them. Do you know what would a servant mean in our times? Like how much endowment a trustee you need to have to pay someone monthly, like three or $4,000 for ever? That's a lot of money.
So anyway, it's it's like a huge spectrum here.
But that's the concept of motor anyway. Now, the
we said the HANA fees and honeyberries they said that it would only be for those women who said it is for all women.
including women who had a designated dowry, and they had a divorce before consummation had a designated dowry, and how to divorce before consummation. What is prescribed for those women transforma ferrata milania una de agua, Tunica, when tough, walkable, Tacoma and so forth.
that what is designated here by the court
if divorce happens after the contract before consummation, and there was a designated that worry is half an hour right.
reporting the Hanbury method that is supported by a military mayor and the position of the VA Harry's admin has said that all women, including this woman,
will also have more time
in addition to the one half, well, there will also be a matar because they used another verse a few verses later, later from this verse, matanza model economics in in in Surah, Baqarah alacati mobtown been maruf. Hakuna homotopy
What does this say here for divorcees
or never sees, doesn't say which type no matter which is a provision,
consolation gift belmondo within reason can arrive Allah upon
mater being the pious backup conscious, the God conscious, okay, so they say that this applies to all divorcees, all of them will get that consolation gift, regardless of the type of divorce. And that would be small a plus z plus T.
This is the y repossession. And this is the choice of the moment Femi Rahim Allah. Now, when we were discussing this
when Hamza was discussing this issue, Hamza wanted to give women to find sort of like an equitable, fair solution for the problem of a woman who lived with her husband for 30 years and gave up her career and, you know, everything is in the husband's name. And at this point, Should she take half of the husband's positions, and walk away with that, you know, because that's what the core the statutory load laws would give her, Should she just walk away without anything. So I'm gonna try to find a solution that is legitimate, that is Islamic,
and at the same time, fair. So they, we, you know, felt that the motor is the solution, to make it sizable, to compensate the woman for whatever happened, and to leave it up to the arbitrators. Because if you say that every woman is entitled to have the half of the possessions of her husband
in the West, keep in mind, the patch work that some people try to do does not really work, because in the West, this applies to both spouses. If she was the money maker, her husband would be entitled to half of the money, half of the family savings, Islam would never recognize that slam will never give the husband half of the family savings when when the wife is the one who earned it.
So now, would it be fair to do patchwork patchwork, makes like monsters, deformed value systems, the most deformed ferrati systems are the patched up value systems. Because the you know, when you do the patchwork, you're not paying attention to the inequity in this patchwork. So if we say that everyone, the wife will get half of the positions of the husband, but Islam will never recognize that the husband would get half of the positions of the wife. Is it an equitable, obviously an equitable so how do we figure this out? And beside this is not the only thing besides all of the other obligations that Islam makes
binding on the husband
that that are different from this, the in the many other obligations that are binding on the husband, including the alternative hardliner, you know, the compensation for custody and all of these things. So we said that
Gotta make it sizable.
And make it commensurate commensurate with the duration of the marriage and the socio economic status of the two spouses. And
consider the reason for divorce. If this was like a man who just decided to change wives because he felt like or if the divorce was predominantly caused by the wife, would it make a difference should make a difference? They were married for two years, they were married for 40 years, would it make a difference should make a difference she gave up her career, would it make a difference should make a difference. There are many things to be considered. And the amda family code spells these things out. And it is just google amser family code, and you will find the entire family code, all family laws, this work took a lot of effort and a lot of sort of scrutiny by a lot of the senior scholars.
So I may make use of use of it avail yourself of the samza family code. So that is the concept of matar. And we feel that, you know, to not
basically cross trial to Muslim women where they have to choose between walking away empty handed or going to court for half of the positions of the husband. We have arbitration panels, these would be scholars these would be like sort of reasonable people reasonable scholars
that understand not only the art tradition, but also the circumstances and conditions and the immense changes that took place in the world in our times and make sure that they find an equitable solution for this
family or for these women.
So now there are so several rights that women do actually enjoy an Islam upon divorce not only limited to the naturopath or the an Africa during the waiting period, but when it comes to the Africa during the waiting period. Let us go over what women are entitled to and which women are entitled to maintenance and accommodation or one of them during the waiting period the sheikh said
wait a minute you know
we're here man you can do this LG menu Keno Zelda m Sakura.
How you makin xojo m Sokka
whatever you call it would be a corrupt fella Latin Africa to a certain era they are
First, the woman who is divorce is finalized so her husband
can take her back. She is entitled to maintenance and accommodation. She's entitled to maintenance and accommodation. here which one should we start by?
Okay, let's let's do another algorithm here.
For the maintenance of women during that let's do another algorithm. Which one should we start by?
Well, the first the first thing that we should start by is Raja
it will be complicated here but anyway we'll have like some algorithm here.
Okay, so Raja, which is unfine alized. We just want to say that there are Jaya which is on finalize the woman will get everything she has been treated like a wife, all maintenance or like nothing changed for about a year or two.
She has been treated like a wife, nothing changes for
the woman that can be taken back. So that is after the first or second divorce
without compensation, so it's not court enforced, and not a divorce for compensation. And it is the first or the second. And it is not for us it's a divorce first or second. It's not for compensation. And it is not currently enforced.
So this is going to delay a woman and she will have the Africa and the circular.
Then the sheikh said when asked him his outer capital, how did the Moroccan Muslim,
Muslim about the whole Callaghan Africa to the head of the husband to have an unbeliever becomes Muslim or the wife of a Muslim or proselytizers. The wife is not entitled to maintenance if the wife of an unbeliever becomes Muslim or the husband of a Muslim apostatize. This after consummation, the wife is entitled to maintenance. Basically, Islam is not impartial to people people's religion, it's, it is only expected that Islam is not impartial, to apostasy
and to basically renounce in Islam. So here, the party
that left Islam,
the default would be always,
you know, on the party that left Islam.
So that reason for separation between them.
I guess it's self explanatory here,
certainly, for us, has minorities and non Muslim countries, you will have to abide by the
system, the statutory law laws. So these things are not enforceable, are not enforceable outside of the jurisdiction of Muslim lands.
These things would be enforceable within the jurisdiction, you know, Muslim jurisdiction.
What about the concern of reciprocity and the concern of
sort of the several state that basically stays the same distance from people of different religions, these are contemporary issues that should be addressed by the most senior scholars, and the bodies, Madame Alpha Chi assemblies, in fact bodies.
And people, you know, smaller people like us, should not be babbling about this stuff too much. You know, whether on social media or in our discussions, these things are way over your heads. So just give yourself a break. No one is waiting for your opinion,
really, at all. And it's not going to make a difference to the you know, to the world at all. And nobody, nobody is waiting for it. You could say whatever you want, you may get 100 likes, or 200,000 likes on Facebook, nothing will change.
You will just be elated for a couple of days, because of the number of likes on Facebook or the number of shares. And at the end of the day, you're not going to make any difference, nothing will change. And these things are over your head and you will likely end up most
likely end up sinful because you got into a discussion that does not belong to you to your size to your capacity to your level of education to your level of importance, because you're not really in sort of the on the board of mathematical Islamic Obama or somebody that is really of any
So leave these things for the senior scholars at Rossy Hoon for
the scholars who are well grounded in knowledge, contemporary issues, when it comes to laws when it comes to international relationships when it comes to these things leave them part of the scholars what grounded in knowledge
have, you know?
Yeah, try to spare yourself the grief in this life and the hereafter and try to spare yourself the sort of the
don't make yourself look like a fool. Because if if if you are talking about things that you have no
credentials to address,
new capacity to address, everybody that has a little bit of sense, when perceive you as a fool. So to spare itself of the grief and of the bad image in, in, in people's minds.
For us here for us here, what we know is that Islamic law is not enforceable outside of Muslim jurisdiction.
Islamic law is not enforceable, certainly there are the laws that are personal laws, in certainly enforceable, you will have to live by Islam, wherever you are, when it comes to your own
relationship with God, your own sort of rituals, and so on. We Muslims, among ourselves, should try to also promoting ourselves should try to also live by
Islamic law and Islamic teachings, members of the same family, parent and child to spouses that are Muslim, they should enforce this upon themselves in force this upon themselves. But when it comes to Muslims and non Muslims, outside the Muslim jurisdiction, no, it's not enforceable, it is not enforceable. So that she says here if the husband of an unbeliever becomes a Muslim or the wife of a Muslim or proselytizers, the wife is not entitled to maintenance. Why?
Because it is her fault. In the first case, it is her fault that she did not become Muslim after her husband became Muslim. In the second case, because she apostatize
then there is no she doesn't get me.
When I asked
our Muslim about the hoolahan Africa,
if the wife of an unbeliever becomes a Muslim or the husband of a Muslim apostatize after consummation, the wife is entitled to maintenance.
Why? Because it is her fault, not her fault, in the first case, because he did not become Muslim like his wife. And in the second case,
because he apostatize.
So in both cases, the counter this as his fault, and as we said, not enforceable outside of Muslim jurisdiction, and as we said, these things were also controversial among the different modes I have. And in our times, these things will be decided by the most senior scholars, most grounded in knowledge, to basically take in all the factor in all the considerations that need to be factored in. And these things are not waiting for us to opine on. Because our opinions will not matter at all.
Then the chick said that Sani.
Okay, so the first question or the first type of diversity is is the area that can be taken back the second here Alba infohio with a Latino because there are certainly a lot behind what an Africa in Canada Milan, where a fella Second, the one who is separation during the life of a husband is finalised, such as through divorce or annulment is never entitled to accommodation. She is entitled to maintenance only if she is pregnant. She's entitled to maintenance only if she is pregnant. Now, if she has not Roger a, she is not Raja Yoga is Shiva and meaning that we're talking here and not banned because her period ended. Because when her period ends, she's not entitled The maintenance
anyway, because her period ended. We're talking about the maintenance during the period. Can you be banned before your period ends?
finalize the before the period ends. Yes. When
After the third divorce when, whenever the divorce is for compensation, when, when it is a court enforced divorce, when, you know it is not a divorce, but it is fast. But but that's the different story that we're not talking about here.
So, now that she is that in filha batala how the first fella chanela how behind what an Africa and cannot have it and we love further. So she has it is finalized, but we are still during the period, because it was the sign of her divorce or something.
Now we'll do we have to ask another question. Yes. pregnant.
If she was finalized, but she is pregnant?
If she's pregnant, what does she get now?
Or Sapna or both?
She gets both. She gets both now for clients.
In this case, how do you live with the person in the same home when you have finalized divorce? The person is foreign to you make a section in the home. You know if the home can be sectioned off. That's what the medic isn't cerveza combat he said his section half part of the home
that is separated and give it to the wife.
And they also say that it would be recommended if that is not doable for the husband to still keep the wife and the home and figure out what to do with himself.
So now that
now that she has
bracket pregnant, yes, she would have both naffaa and sokhna. What if she is not pregnant?
Okay, if she is not pregnant, the honeyberries will say None. None. No in Africa, no. sokhna the HANA fees will say.
Yes, yes, she gets both the Maliki's and shafa is will say
Maliki's hand shaft is when say
No. Sakina Yes.
Why is all of this happening? Why is it so controversial? In surah baqarah What does Allah say? Husky no animal heifers can come in which they can walk out with our own little Papa you know and canola Tomlin fanfic wala Hinata Ivana humla han
Yes, then I say that
Oh, of course has been one second to one oh god Come on out to the aroma to the equality no one could know it. How many infantry party Natalia Anna humla. Ana
went on searching for store
so as you know when I'm in high school second two men were
me in high school
man what's your take home?
and fipple on a
hot day Ivana
Okay, so asking ohana provide accommodation for them.
manhyia through second term in which they come
from where you live.
So provide recommendation from a section of where you live.
Hi for a second term from where you live
within your means
what to buy your quality in do not cause hardship to them what to do today in
the US do not cause hardship to them to oppress them. When couldn't it have been if they were pregnant?
If they were pregnant if
pregnant fanfic guadiana
home till childbirth, okay.
why are the Humboldt is not providing? Okay? So let's start with the HANA fees.
The Hana fees are
Let's start with the hunt buddies, because our combat is right. So the Hanbury said Father mentor case, fought in the case came to the profits of the law, his
father, when the price was divorced three times and she became her husband to say worse it was sending to her barley.
She didn't like it. He said to her, I don't even owe you that. You know.
I'm just doing it like as a courtesy. I don't even call you that. So she went to the Prophet sallallahu Sallam and Susan she was back in finalize, the prophet SAW Southern Kaaba headline Africa Hadith, the prophet decreed that she does not get maintenance or accommodation, no maintenance, no accommodation.
For them up into case was actually the one who was championing this position. And amarapura hot tub, sort of ignored her. This dismissed her, even though she was the one to tell everyone the Prophet did not give me in Africa or certainly because it was bad. So I'm gonna stop said we will not ignore the book of our Lord that architecture have been our Sanatana Vina column Ratan Tata Asada, we will not ignore the book of our Lord in the center of our messenger, like the ongoing sort of tradition of our messenger for the statement of a woman, we don't know if she was she's right or wrong, or solid. We don't know if he's right or wrong.
It's a little bit of a big discussion because this is a hobby or a portion directly from the premises unless it has ramifications in our soul and is like a big issue. But anyway,
but what Omar was trying to say is I have evidence that this regard her sort of position or her testimony or her anyway, her narration, I have evidence to disregard that. Now, the Hanban is took Fatima vinter cases, narration and they went by it and they said that this is specific for women
who are finalized that
and the report is authentic and everything.
The Hana fees took the position of Amara, the Allahu anhu. And they dismissed that narration from Fatima enterprise.
And they said
that in this area here, it is clear that they will get accommodation and they will get enough of
a law says here, if they were pregnant, then support them. You know that the HANA fees don't have enough human mohalla for divergent implication.
So divergent implication meant to the magic is in chapter is if they were not pregnant, you don't have to spend on them.
That version, the implication is not taken by the HANA fees in the scriptural language. Yes, in people's speech, they will accept it, but not in the scriptural speech of Allah subhanaw taala and the prophets of Salaam because they say it must be clear and so on and so forth.
that is where so so now the medic is on Chaparral as they said in the beginning here as Kino hunting now we will go by this
could give provide accommodation there is no taxis here. So the back end will still get accommodation.
But here because of the diversion simplification, if she is not pregnant, she will not get maintenance. So, the magic isn't Jefferys. Everybody is saying that I will get everything like a wife.
But the bear and the HANA fees are saying we'll get everything now for clients Sapna
and the ham berries ones are saying she does not get anything.
And the magic isn't chapra is said she will get the soup now.
But not the Napa because this was limited to the pregnant.
If she is pregnant, all of them said she gets what?
Like a wife.
the pregnant will get the second and then Africa.
No, it is not. You know, the the the the position in the matter was that she does get the sokhna and and Africa. This is the I understand the ambiguity in the statement of urban akuamma. But
yes, his statement is ambiguous. It infers that he may not get the sokhna. But she will always get this up now. And then after.
That's the agreement of the forum of the two years against the subpoena. And then yeah,
so the third Yes.
because the idea is about a motor lockout that all the discussion before was about an auto lockout. So they are applying the ayah to all the local law court. That's what the hanafis are doing. They're saying this whole discussion of cinturato talaq prior was about luck. We're applying this idea to Obamacare law called the burden is on you to exclude from this ayah whomever you want to exclude. So the Maliki's and shafa is the end of the the you know, when chronology human adventure quality and how to come down by divergent implication, it is saying that if they are not pregnant, you don't need to maintain them. But as you know, when I came in the beginning, so we will apply this to the
finalize divorce as well because it did not say if they are pregnant, as you know, on provider accommodation, it did not say if they are pregnant. So that's what the medic isn't shafa is the ham bellies are finding proof outside of the area completely from the sun established sun, you know, reported and everybody knows this is stablished. Even the canopies they're not denying that Fatima Binta Chi said the Prophet sallallahu Sallam said this to me. They're just contending
the value of fourth amendment peices sort of narration even though they are agreeing.
And they're going out with a sort of Armada or they're low on whose statement or not in a live, etc. So yeah, then the third one,
a salicylate utopia is out. In Africa, the second third, the woman whose husband has died is not entitled to maintenance or accommodation. The woman whose husband has died is not entitled to maintenance or accommodation. So now
matar fan has our
Yeah, I'm sorry.
if if that
As evidence this, then what about NAFTA? And what did they say about NAFTA and sokhna? The hanafis and honeyberries.
said What? She doesn't forget NAFTA, or circular.
the mannequins and shafa is said that she will be entitled,
there is another position on the hand, Betty mantap, that if she's pregnant, that she will get the second habit. But, you know, that's not the main position. So let's say the Hanafi embellies, versus the malicous, and sapphires Hanafi, zambelli, she doesn't get anything. Magic isn't shafa is she will not be kicked out of her home because she is required to spend her head in her home.
but the 100 isn't embeddings are saying what the Hanafi is saying, Well, if this year, we will basically have this home
an owned home, then they, the heirs are advised to let her spend her head in that home, or if the husband had paid the rent in advance to let her spend the IDA in her home. But
the HANA fees are companies are saying what are saying that?
How do you make this obligatory on the air is what type of contractual relationship exists here between the heirs and this woman?
To make it binding on them to spend on her?
Whereas the contractual relationship, where is what were,
you know if these errors are, you know, like the whatever it is, it could be like too far away from the husband. It could be the brother of the husband, it could be how do we force this man to spend on this woman or to let her live in the home part of the home that he inherited. They're saying she gets one eighth, and upon the division of the estate, everybody is entitled to their share of the inheritance or the state and we cannot impose on one party to
accommodate another party. Her husband was responsible for her because of the marriage contract. These people are not responsible.
But they were flexible. I told you that honeyberries said
that they did not demand of her
to afford the accommodation that they or they had the home that they lived in. They only demanded for her if it was available to stay in it.
If it is not available.
They didn't even ask her that combat is clear the under authorize the view that not even ask her to pay the rent out of her own pocket. Even if she has the money capable, well off sort of wealthy.
She is not required to keep the house. She's only required this today in it if it is available for her at no extra cost to her.
Is that clear?
But anyway, so the Madison chapter is said that she will be entitled to stay in and the HANA fees and honeyberries said she's not entitled but like I said, they've been forced upon her. So she can go wherever she wants.
I'm not going to be able, you know, I was very hopeful in the beginning told you though, finish, four chapters we finished two out of four. So, next time inshallah we will talk about the book of the heart and the book of the iron. And the heart is when you say to your wife, you should never do that but is when one says to his wife. You are to me like the back
My mother and son is a mutual invocation of curses. When a man accuses his wife of adultery