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[QUOTE]Originally posted by Miss Sarajevo: [QB] niledoc, this is what I found out about your question. dolphin, find out as much as u can, the more u know, the better. I found out some answers from a Muslim Woman, she is a lawyer and also a proffesor of religion in prestigious University. She speaks Arabic and originate from Arab World, but living and working abroad. Her field is specifically Islamic marriage contracts and divorces. You see u can ask someone like this to REFFER you to specific person in Egypt or whatever, as they know each other and help u a lot. The laws differ from country to country, although they should not because Islam is Islam, but it does, I dont know why, probably because of different interpretations. I would not get infformation from Imam, he is imam not a lawyer, you get to find educated person who is very knowledgable in LEGAL field. Also, look what dhbolton said about his Egyptian friends, this may give u more insights what is really happening and how. dhbolton, I agree with u, if anyone experienced or know something more, I am always interested to hear. I think it is so important for western ladies to find out their rights. In Islam there is a form of marriage in which the woman retains for herself, in the marriage contract, the right to divorce her husband.It's called "keeping the ’ismah in her hand."This language, “keeping the ’ismah,” has two different meanings in the Muslim world.In some countries (Jordan, Lebanon, Syria, etc.) it means the woman may divorce at will.In other countries it could mean that the husband loses the right to divorce and only the woman can divorce, which is an extreme result.And there are certain jurisdictions which will allow the woman to keep the ’ismah in her hand, but she could lose it very easily, so you have to learn all these jurisdictional distinctions. In one case, a woman had written in her marriage contract that the ’ismah was in her own hand, so that she could divorce at will.This meant that, when she wanted to divorce, she would simply tell her husband "I divorce you" and then goes to an imam to record the divorce, and she would be done.The husband’s input/consent is not required for this process.This form of divorce is very different from khul`, which does not involve ’ismah, but involves giving up the woman’s mahr and, some argue, obtaining the consent of the husband. In the khul` form of divorce, the wife tells the husband "I want to leave you; take your mahr and go."Traditionally this has been interpreted to mean that the wife must first get the husband's consent to khul`, which is not really in the prophetic tradition.In that tradition, the Prophet said to a woman who had received a garden as her mahr, "Are you willing to return the garden?"She said: “yes,” and they were pronounced divorced.Yet many Muslim countries require the consent of the husband, and that has led to husbands blackmailing their rich wives.In some cases, the husband demanded not only the return of his mahr, but also an additional bonus of hundreds of thousands of dollars.For this reason, women who cannot obtain khul` for lack of spousal consent, end up asking for judicial divorce.So, what kind of a right is this khul`?It is almost useless! That is why in the 1960s a court in Pakistan revisited the issue and concluded from the Qur’an and the prophetic tradition that the consent of the husband is necessary in the case of khul`.Under this view, you have a khul`when the woman says "Here's your mahr and goodbye."Nobody picked up on this Pakistani opinion although it was excellent jurisprudentially.But, in January of this year, al-Azhar in cooperation with the Egyptian government changed the law of khul` so that the consent of the husband was no longer required.Some journalists protested that the change spelled the end of Islamic law in Egypt; but the change in the law was passed and now Egypt follows the prophetic tradition of granting khul`without the consent of the husband.Although it is too early to say, there are other countries getting ready to follow suite. If I find out more I will post 4 the western ladies, as I said, I feel very compassionate towards them. [/QB][/QUOTE]
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