Alimony in Islam
Alimony is a legal obligation to provide financial support to one’s spouse upon divorce. Non-Muslims find fault with Islam that the women are not allowed Alimony after they are divorced. During the case of Shabhanu, all the Indian newspapers propagated that Muslim woman are denied Alimony. Not only then, whenever they find chance, they never fail to criticize Islam for not allowing Alimony.
Those, who advocate Alimony is a must, put forth the following reasons. They say “In the wedded life, women are affected more than men. She loses her youth and beauty. After losing them, if she is divorced what would be her future? Therefore, Alimony should be bestowed on her. Even those equalize women with men in all aspects also advocate for alimony is strange. They do not understand that they contracting their own stand.
If they are true to their belief that both the sexes are equal they should talk against alimony. In the family life both the couples enjoy and separate themselves for some reason. Then where comes right for women to demand alimony from the men. Let us justify reason for Islam denying alimony.
No Muslim denies this fact that the women are affected when they are divorced. Islam denies alimony, as it is not the right solution for the affected womenfolk. As a side effect, it opens bad consequence also. When a man divorces a woman, if he does not have any resource, no court can order him to pay alimony.
Even if the court orders him, he can‟t fulfill it. For disobeying the court the man can be arrest but can‟t recover anything from him for the affected woman. As most of our people are living a hand to mouth life only, there is no possibility of getting alimony to help the affected woman. Some may advice that it can be implemented with affluent people. I t is meaningless with them also.
Maintenance under Islamic law
If a rich man divorced his wife and decided not to give any alimony to her, he can arrange false witnesses to dodge her. To those who can cheat the Government machinery from tax paying, it is easy to cheat a divorced woman. If the affluent willingly paid the woman can get or else the law can‟t force him. On the other hand, mostly the woman marries a rich man will also be wealthy.
She will not be in a position to live expecting her divorced husband. For her alimony is not a must. And For a rich woman, there is much opportunity to get it, but she is not in need of it. For the poor woman alimony is a necessary one. But her divorced husband is not capable of paying it. In a nut shell, alimony is impracticable.
For what reason alimony was enforced, the law reposes in the penal code and the reason remains unsolved. Some lawyers instigate women that they can recover alimony from their divorced husbands, but they get more fees than the recovery of the alimony. And Some women after getting judgment for alimony can‟t recover their alimony, but they are wandering around the court yard. Some husbands pay very little alimony.
To get the little money has to travel monthly to the court and pay off bribery to court employees. Deducting the expenses, what alimony they get after a long turmoil will be almost nothing. Knowing all about the process of getting alimony is good for nothing, some claim that it is the best solution for the women.
In reality, while they try to cheat others, they are cheating themselves only. The law declares that the women are eligible for alimony until their death or remarriage. The divorced women, who were ordered to get alimony, practically know the burden of family life, may try to get alimony to fill her stomach and live like a free bird. They may quench their physical needs illegally without any wedded life.
It is also a kind of injustice to the divorced husbands who pay alimony. We don‟t argue all will go astray. We worry that there won‟t be any indirect legal permission to go astray in the long run. They enquire what solution Islam has put forward for following questions:
1.How to redeem the divorced women victims from their pitiable plight?
2.If alimony is a defective solution, what is the right solution?
3.What is the future of the divorced women victims? Islam has declared three kinds of security for the divorced women.The First Protection A woman can demand any amount as her Mahar and keep it under her custody.
Islam guides woman to keep her Mahar for her future protection. As they get a huge sum, there is neither possibility to be cheated by the husband, nor the women to go astray when she is allowed to remarry as she likes. Either a Muslim woman remains alone or remarry she need not get anything as alimony as she gets Mahar in advance. So, she prefers remarriage. Then she will again get Mahar for her futurity.
For her current expenses, her new husband will take the responsibility. The current practice of Indian Muslim is contrary to their religious norm.do not pay Mahar to the bride and they dowry from bride‟s family for that we can‟t blame Islam. The wise people won‟t do so. The Second Protection Either Islamic Government or Islamic Jamaath should collect the huge amount form the husband who divorces his wife.
In this case, he can‟t cheat the Islamic set ups as he can cheat our court of law. This is the second security arranged by Islam to the divorced women. Maintenance expenses should be provided on a reasonable scale for divorced women. This is a duty of those who fears Allah. (Al-Quran 2:241) Some people misconstrue that this verse refers alimony to be given for 3 months.
If it is so, Allah would have declared to pay for Iddah period only, He will have ordered so. He need say to bestow them in a justifiable good way. After enjoying a woman, in her youth and compensate her by payment of 3 months‟ expenses to div orce her, will not be a justifiable good way.
If it happened to one‟s own daughter, what kind of judgment he will expect that should be the right judgment. There is no blame on you if you divorce women before consummation or the fixation of their Mahar. But bestow on them a suitable gift, the wealthy according to their means, and the poor according to their means.
A gift of a reasonable amount is due from those who wish to do the right thing. (Al-Quran 2:236) This verse orders to bestow on a gift to the divorced, even if it is before consummation. We have to take it as a measure of scale to the divorced women after consummation also. This is the duty of the Jamaath, who fears God to collect the amount from the husbands who divorced their wives to pay it off to the divorcees. Some Jamaath collect only the dowry, which the bridegroom received from his bride.
This is her due from the bridegroom. But they did not collect any compensation for the divorce from him. As Muslims do not follow the orders of Allah, they are criticized. It paves way for others to push alimony on Muslims. So, Muslim Jamaath should understand the implication of Allah‟s verse and accordingly to maintain justice to the women. Since Muslim Jamaath do not practice the order of Allah, Islam faces the criticism and Non-Muslim try to impose false alimony on Muslim women also.
In Al Quran verse 65:6, it is mentioned that if the divorced woman is pregnant, she should be paid till her period of delivery. So, some people argue that the divorced women should be paid till her Iddah. In Al Quran verse 65:6 declares the excess expenses to be spent on divorced women when she is pregnant. Considering this verse, none can ignore the order of Al Quran verse 2:241
If the woman had child though her divorced husband, as the child is living with the husband should bear all the expenses include suckling expenses of the baby. She has to suckle the baby for two years. The husband should bear all the expenses of food and clothing. But it will be within their means.
If the of the child died, his heir will bear the burden. Nobody is burdened beyond their limit. If they decided to stop the suckling or arranged to suckle through other women there is no harm in it. But fear Allah who is watching your actions. (Al-Quran 2:233) The Third Protection If the divorced woman has no child she won‟t have such troubles. If she had children, due to the affection on the children she will keep them with herself.
But the divorcee will get all the expenses for the children from her divorced husband. The div orced woman who has no child and those who don‟t want bring up the children and leave them under the care of their div orced husband alone can‟t get any expense money. Those who think impartially will realize that the security provided by Islam to woman, instead of alimony, is more fruitful and can‟t be blamed in any aspect.
Islam orders women to hide their body in cloak except their face and forehands. Islam calls it Hijab. In our country it is called Burka, cloak etc., Non- Muslims criticizes this also. The Reformers and the elites accuse that Hijab(veil on seductive portions) is an extra burden on women. It snatches their rights and intervenes in their personal liberty. In reality, Hijab was accustomed to honor and safeguard womenfolk and not to snatch away their liberty.Falsification of Hijab accusers
Those, who propagate equality between men and women are true in their argument, concerning wearing dresses, what liberty they have allowed to men, they should allow to women also. But they can‟t. A male labor wearing his banyan and half nicker can work in front of anybody but a woman can‟t.
Even a Reformist can‟t allow such dress to his wife, mother and sister. All men and women have understood that women have more seductive portions than men and so those portions should be hidden. In hiding limit only they can differ. Safety for woman Though both the sexes are created to attract each other, there is difference in the taste. Men like the beauty, color, youth and bodily structure of women. Then when the women come out with less or tight dress men are attracted.
They like to see them again. But the women taste is different. They are not interested in the body structure of the men. Obscene cinemas and books utilize the nude poses of women only for the business and not the nude poses of men. In making dresses for women, we should not take likings of women only; we have to take into consideration of the mentality of men who looks at them.
The dress control is absolutely necessary for both the sexes to live with chastity and dignity. From beautiful women, what parts men like to look at, should be hidden. None other than their husbands have the right to gaze at it. Just seeing does not make any lose is a wrong statement. Seductive scenes are the root cause for many bad consequences which we meet in our day to day life.
Those who look at beautiful women, most of them control themselves at enjoying the sight only. Some people remain mentally living with those women secretly. Some people compare their wives with them and lessen their intimacy with their wives. But a few people plan to snatch away their modesty. This kind of infatuation may lead to seduction and even to murder. The world is lagging behind in morality due to the economy women‟s dressing and their seductive make ups.
Some people argue as men like women, women also like men. Though it is true to an extent, this reason is not strong enough to deny Hijab for women. Being carried away by the beauty of a woman, if he likes to enjoy her, he can rape her without her approval. But if a woman is infatuated with a man and he does not like it, she can‟t seduce him. It is the biological truth. When a woman is raped, her right, chastity, and self-prestige are affected.
The culprit, who fears that he will be punished, murders her to avoid any complaint against him. Those who blame Hijab do not think about it. The Women‟s Right Organizations and the Reformers raise their voices against the daily rapes and the atrocities prevalent on women. They advocate for Arabian Criminal Laws for punishing the culprits severely.
But they forget conveniently that women‟s seductive dressing is an important reason for inducing the crime. Sometimes Women‟s Right Organizations and the Reformers tear the obscene posters, or smear them with tar. It declares the approval of their conscience that women should have control over their dressing.
An actress is ready to wear seductive dresses. With her approval only the sexy posters are pasted. Smearing and tearing those posters, are they not, intervenes the personal rights and freedom of the actress? “Women‟s parts should be hidden” says Islam. Though Women‟s Right Organizations and the Reformers speak against Hijab intervenes women‟s right, their inner conscience accepts Islamic doctrine, which reflects in their action of tearing and smearing the obscene posters.
While the whole body of a woman is attractive, why did Islam allow the face and the forehand up to wrist to display? Islam allowed these parts left uncovered for a justifiable reason to avoid the bad effects. Among men and women only a few live righteous life in the fear of God. Others pretend to righteous, on the fear of the society.
This is the reason for the people are not righteous in an unknown place those who were righteous in their native place. If the women are allowed to hide their faces, they will not be identified then they are free to go astray. If men are allowed to wear mask, they will commit crimes. To those, who do not fear the God, there is the fear of society that keep them to be righteous.
If Islam allowed Muslim women to cover her face, she may go astray. Non- Muslim women also in the guise of Muslim women can have illegal contacts with men. Even Men in the guise of Muslim women will commit crimes. So, Islam did not order Muslim women to hide her face. No contemporary women of the Prophet Mohammed (PBUH) had hidden their face.
To be identified and to work, Islam allowed women not hide their face and forehand up to wrist. But the other parts of women are challenging the modesty of men also. So they should be hidden. Modest dressing as covering everything except the face and forehands will not dissuade women‟s progress at all.
All over the world prime ministers, presidents and chief ministers wear dresses covering their whole body except their face and forehands. This kind of dress is not a barrier in their profession and progress. In this juncture, how can we accept women to display their parts as a sign of their liberty? To allow men to gaze at the beauty of women is mental perversion and it is a misnomer to call it as a freedom and right of women.
Islam does not prescribe any shape or color for Hijab. Hijab should cover the whole body except face and forehands. To maintain morality and dignity of the society Islam introduced Hijab. Even after seeing the outcome of dress liberty in western countries, none can deny the safety of Hijab to womenfolk.