Thursday, December 11, 2014

A Strange Divorce case

A strange case about divorce that took place in India, I came to know. Here I give its contents as I was told me by one of my friends. I am sure along with amusement this case also puts some light on many aspects of a Muslim marriage.

A strong willed Muslim woman as came to know that her husband is indulging in womanizing by visiting prostitutes frequently. As always no proud woman can accept this behavior of her husband. She contacted one Moulawi and consulted him for his expert advice. As per that counsel she decided to approach a Kazi to apply for divorce from her husband.

The case was put up in the court of that Kazi. She appointed a very talented Moulawi to put up her side. Moulawi told in the court that as per sharia and fiqh a Sunni Muslim cannot have any type of relation with any other woman without expressed consent of his wife. A husband must maintain celibacy when wife is not available. And so the accused having violated the condition has no right to continue to be husband of his plaintiff.

On that husband appointed one more intelligent Mouawi to put up his case. His pleader the Moulawi told in the court of the Kazi that his client is a perfect Sunni person and he has not done anything wrong. He further told the court reminding honorable Kazi the definition of term Sunni. According to custom, Sunnah means, to emulate the life style of apostle of Allah. Do as he did so one should do. Life style of Apostle of Allah is unquestionable and nothing is more important than that. If any rule given in koran or fiqh crosses Sunnah they are to be rejected as against the Sunnah. Sharia was created after death of Prophet and so it is not above Sunnah. In this case topic of sex life of the prophet was concerned and so all arguments were on that basis. As such he told the Court that as every body here knows that rules of Sharia are not compulsory as rules of Sunna for a Sunni Muslim, they should not be put up in this case. Only sex life style of Prophet be considered. Kazi admitted of that plea. He further pointed out to Kazi that Apostle of Allah never practiced celibacy of which Koran and Sharia often mention. Therefore, celibacy is not to be practiced by the true Sunni Muslim. He should womanize like Prophet. People in the Court began to clap joyfully.

On that Kazi admitted that and asked him to further provide what he wants to say by this?

Husband's Moulawi further told that Apostle of Allah was known to had been a womanizer. He told that Hazarat Mohammad Paigamber (PBUH) had forty concubines and untold Coptic prostitutes, he had also eleven wives and he is known to have married them without prior consent of any of the previously existing wives. While keeping concubines he never took any prior consent of other wives. Therefore, he admitted that his client has done exactly that, he went to prostitute without any prior consent of his wife. Since, this act of his is in accordance with Sunnah, his position as a true Sunni Muslim cannot be challenged. His wife cannot demand divorce (Talaq) on that account. He further argued that in Koran Apostle of Allah admitted some rules which he never practiced in his own life. This double standard is noticed in many places. The Moulawi asked a question to honorable Kazi, "Sir, tell what is more important? Sunnah or Koran"? To that Moulawi himself answered, Sunnah, of course! On that Kazi did not object. All people in the room also applauded the Moulawi and opposite Moulawi did not comment or oppose on that.

The argument was accepted and his wife lost the case; she did not get divorce and was asked to adjust with her truly Sunni husband! Kazi further told her to respect her husband because he is emulating Apostle of Allah. Kazi further advised her to appreciate the way her husband is following Apostle of Allah, he told her actually she should be very proud of him for that. People in the court looked very pleased on these comments of Kazi.

That Muslim woman was not somebody who will accept that defeat. She did not want to attract any venereal disease and so she consulted some more knowledgeable Moulawis of great experience and she again filed another complain in the Court of other more knowledgeable Kazi.

Again one more case came up for hearing in the presence of that more knowledgeable and old Kazi. Husband had put up the same Moulawi to put up his side. He again put the same points and challenged this repetition of the same case in front of other Kazi. Gathered people began to laugh at that woman.

After he had completed his argument Moulawi of wife stood and told the Court, Apostle of Allah was indeed a womanizer but there was a system in that. He further said that his practice of libertine life was controlled by those things in that system of Sunnah. He told giving evidence that Hajarat Mohammad Paigamber (PBUH) did not go to his concubines during days and he indulged with prostitutes only during nights. He also further showed to the Court that he had done it between two important prayers, "Isha" and "Fajr" prayers. After having sex with his concubines he would take a bath and then do fajr prayers. Apostle of Allah never missed a prayer. After putting this explanation he pointed out to Court that this man (the accused) goes to prostitute during days and does not take bath after that. He also does not do five prayers. Therefore, this man has no right to claim to be a true Sunni. Just by going to prostitute one does not become Sunni. He also put up the fear his wife had felt. That Moulawi told to elderly Kazi all that and after proper consideration honorable Kazi took appropriate decision. Wife was granted divorce.

Apart from amusement this case open many other rather strange things about Islam.

I consulted some knowledgeable Arab Moulawi and also critics of this subject and there they told me that Muslims of Indian sub continent are not true Muslims of Arab standard. They told me that Islam could not come to India through Arabs because the then rulers of Rajasthan, the great Prathihara kings defeated all Arab invasions. Islam was introduced to India by Mogul and other turk invaders from Afghanistan via Punjab. Where Prathihara were not ruling. These Mogul introduced not Sunni or Shia tradition but Sufi tradition of Islam and so all Hindustani Muslims are actually Sufi Muslims and neither Sunni nor Shia. Even though they claim to be so that claim is not substantiated by evidence. This they told me when I asked them why Arabs do not give their daughters to Indian, Pakistani, Bangladeshi or Afghanistani Muslims. They also told me about authentic Sunni prayers and sex practices. They also told me that for Arabs Hindustani (this includes Indian, Pakistani, Bangladeshi or Afghanistani Muslims) Muslims are like their slaves or dogs and not any equal. Being slaves or dogs they have right on these Muslims. I have seen Indian Muslims behaving like slaves with Arabs and that confirmed this claim.

Truly Sunni prayer practices as given by the Arab Moulawi, Fajr prayer to be done before Sun rises. Zuhr prayer to be at about 12 noon, Asr prayer at about 3 o'clock, Maghrib at about seven o'clock, Isha prayer to be after Sun sets any time but before midnight. Total five prayers every day.

For busy people Zuhr and Asr prayers can be clubbed together. Similarly, Maghrib and Isha can be clubbed together and if this is done there will be three prayers every day for a truly Sunny Muslim compulsory.

Each prayer comprises of eight rakats minimum and 12 rakats maximum. People having more time may do more rakats but that is optional and not compulsory. When two prayers are clubbed together for that combined prayer 16 rakats minimum and 24 rakats maximum are essential. Sick and old may do only 2 rakats in each prayer. Rakat means bowing for Allah at the time of namaz.

About sex life of a truly Sunny Muslim he can have sex with any number of women and the Sunnah is that he cannot rape a woman. He can not have sex unless the woman is willing and watering. Here watering means she should have fluid oozing from her vagina. To have sex while woman is not watering that sex is shirk, very sinful and throw the man into Hell-fire (at the time of kayamat). The condition when woman is not watering is called frigid condition. A truly Sunni Muslim will not touch a frigid woman for the purpose of sex. After having sex he must take a thorough bath and perform namaz with three (minimum) rakats praying Allah to forgive him for the sex if he has done it with any other woman but his wife. It generally believed that Allah forgives!

You may contact me on my Email ID given below,


You are invited to visit my other blogs
Ashok Kothare, http://ashokkotharesblog.blogspot.com/ for stories
I reckon, http://kotharesviews.blogspot.com/ for philosophy
You may visit blog, Freedom of Expression, http://blogs.siliconindia.com/kothare/ for intelligent discussions.

Freedom of Expression, http://kothare-thinks.blogspot.in/