Muslim women visit the Jama Masjid mosque in New Delhi on the day India banned the triple talaq. Prakash Singh / AFP
Muslim women visit the Jama Masjid mosque in New Delhi on the day India banned the triple talaq. Prakash Singh / AFP

Has it really come to the stage where secular courts are providing better protection for Muslim women undergoing divorce?



Marriage is brilliant, except when it's not. We look to it as the fulfilment of our fairytale dreams and children might flourish in its warm embrace. And we use legal frameworks to give solidity to our human desire for coupling.

Yet our societies and spiritual leaders are often found to fall very short of providing the right kind of legal framework to support us in our marital endeavours – and to give us a graceful exit when needed.

This is the case across all religions and cultures but as a Muslim woman, it feels particularly galling when I see the horrendous consequences of these attitudes and practices on Muslim women, under the claim that it is Islamic and that for Muslim women to challenge it is a betrayal of Islam and constitutes being a bad Muslim woman.

I know that even writing this piece might open me up to accusations of opposing or denying Islam. That's not the case. I simply want the unfairness to end and for the sanctity of marriage to be demonstrated in actions, not just words.
Such challenges are even harder in countries where Muslims are minorities because it leaves Muslim women making difficult choices about whether to challenge such decrees, which might add fuel to the broader narrative used to demonise Muslims more generally.
It is one of the reasons why the Indian government's move to ban triple talaq has been so contentious. Islamic law is enshrined in Indian law so this interference is seen as fuel by the government to satisfy a Hindu nationalist agenda, in the process criminalising Muslim men and conveniently turning a blind eye to the miseries women in India face more generally, a country recently named by the news organisation Thomson Reuters as the worst country to be a woman.
Last month a woman in India who was campaigning for an end to triple talaq was denounced by a Muslim cleric, who issued a fatwa against her, calling for her to be banned from receiving medicine if she fell sick or funeral rites if she died.

Despite such complicated socio-political conundrums facing Muslim women, it does sometimes seem to be secular law that offers recourse. 
This week in the UK, a court ruling created a shift in the way Muslim women navigate divorce, even if no civil marriage has been conducted, which could have implications for thousands of Muslims in the UK and allow the possibility of laying claim to a share of assets to the marriage.

A high court judge decided the 20-year marriage of Nasreen Akhter and Mohammed Shabaz Khan fell within the scope of English matrimonial law, even though they never underwent a civil ceremony.

The judge declared the nikaah, or Islamic wedding ceremony, constituted a marriage, suggesting that there was a form of contract, even though nikah has been declared legally non-existent in previous cases.

Since a nikaah conducted in the UK is currently not recognised as a legally valid marriage, many Muslim women have found themselves left without the protection of the law in the case of divorce, death or a husband remarrying, either unaware that they have no legal protection or on the promise of a civil marriage which never materialises.

This is sometimes justified within Muslim communities, who say the Islamic marriage is the only one necessary.
All of this seems rather ironic as the husband in this case said they were "only" married under Islamic law and therefore there was no relationship of signficance.

____________________

Read more:

____________________

Whatever the political or legal backdrop, has it really come to the stage where secular courts are providing better protection for the rights of Muslim women than the Muslim community itself? Doesn't it make a mockery of claims about the sanctity of marriage? Where are the spiritual leaders in charge of the way marriage is managed in Muslim families – and this is not just a problem in minority Muslim countries – who should be fixing these problems?
Instead, we have cases like that of the mother of a teenage girl, jailed by a British criminal court in May for forcing her daughter to marry an older man who had raped her at the age of 13. Or the Sudanese teenager sentenced to death for killing the man her father forced her to marry after the husband invited three men to help him rape her. Or the Turkish body Directorate of Religious Affairs, or Diyanet, which issued a fatwa declaring couples could get divorced by phone call, fax or text message.

The spirit of marriage in Islam is one of dialogue, mediation and consultation. It is mind-boggling that you could be at the supermarket handing over your credit card to pay for groceries when a Whatsapp arrives to tell you that your marriage has ended. 
And that's even before you consider what kind of impact such disregard for the seriousness of marriage and family would have on the children. Imagine you are a small child playing happily, only to be told your your father has divorced your mother by declaring talaq three times and life as you know it is over.
Instead of being outraged that women are fighting this imbalance and being forced to take matters into their own hands, clerics and lawmakers need to start thinking about how the implementation of the law really does uphold the spirit of marriage.

Shelina Janmohamed is the author of Love in a Headscarf and Generation M: Young Muslims Changing the World

Company Profile
Company name: OneOrder

Started: October 2021

Founders: Tamer Amer and Karim Maurice

Based: Cairo, Egypt

Industry: technology, logistics

Investors: A15 and self-funded 

The specs

Engine: four-litre V6 and 3.5-litre V6 twin-turbo

Transmission: six-speed and 10-speed

Power: 271 and 409 horsepower

Torque: 385 and 650Nm

Price: from Dh229,900 to Dh355,000

RESULTS

5pm: Maiden (PA) Dh80,000 1,400m, Winner SS Lamea, Saif Al Balushi (jockey), Ibrahim Al Hadhrami (trainer).

5.30pm: Wathba Stallions Cup Handicap (PA) Dh70,000 1,400m, Winner AF Makerah, Sean Kirrane, Ernst Oertel

6pm: Handicap (PA) Dh80,000 1,600m, Winner Maaly Al Reef, Brett Doyle, Abdallah Al Hammadi

6.30pm: Handicap (PA) Dh90,000 1,600m, Winner AF Momtaz, Antonio Fresu, Musabah Al Muhairi

7pm: Handicap (PA) Dh80,000 2,200m, Winner Morjanah Al Reef, Brett Doyle, Abdallah Al Hammadi

7.30pm: Handicap (TB) Dh100,000 2,200m, Winner Mudarrab, Jim Crowley, Erwan Charpy

The specs

Engine: 3.5-litre twin-turbo V6

Power: 380hp at 5,800rpm

Torque: 530Nm at 1,300-4,500rpm

Transmission: Eight-speed auto

Price: From Dh299,000 ($81,415)

On sale: Now

Fitness problems in men's tennis

Andy Murray - hip

Novak Djokovic - elbow

Roger Federer - back

Stan Wawrinka - knee

Kei Nishikori - wrist

Marin Cilic - adductor

Our legal consultant

Name: Dr Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

Formula Middle East Calendar (Formula Regional and Formula 4)
Round 1: January 17-19, Yas Marina Circuit – Abu Dhabi
 
Round 2: January 22-23, Yas Marina Circuit – Abu Dhabi
 
Round 3: February 7-9, Dubai Autodrome – Dubai
 
Round 4: February 14-16, Yas Marina Circuit – Abu Dhabi
 
Round 5: February 25-27, Jeddah Corniche Circuit – Saudi Arabia
German intelligence warnings
  • 2002: "Hezbollah supporters feared becoming a target of security services because of the effects of [9/11] ... discussions on Hezbollah policy moved from mosques into smaller circles in private homes." Supporters in Germany: 800
  • 2013: "Financial and logistical support from Germany for Hezbollah in Lebanon supports the armed struggle against Israel ... Hezbollah supporters in Germany hold back from actions that would gain publicity." Supporters in Germany: 950
  • 2023: "It must be reckoned with that Hezbollah will continue to plan terrorist actions outside the Middle East against Israel or Israeli interests." Supporters in Germany: 1,250 

Source: Federal Office for the Protection of the Constitution

Coal Black Mornings

Brett Anderson

Little Brown Book Group 

Rainbow

Kesha

(Kemosabe)

Director: Paul Weitz
Stars: Kevin Hart
3/5 stars

PROFILE BOX

Company name: Overwrite.ai

Founder: Ayman Alashkar

Started: Established in 2020

Based: Dubai International Financial Centre, Dubai

Sector: PropTech

Initial investment: Self-funded by founder

Funding stage: Seed funding, in talks with angel investors

Living in...

This article is part of a guide on where to live in the UAE. Our reporters will profile some of the country’s most desirable districts, provide an estimate of rental prices and introduce you to some of the residents who call each area home.

The%20specs
%3Cp%3E%3Cstrong%3EEngine%3A%3C%2Fstrong%3E%203.0-litre%20six-cylinder%20turbo%20(BMW%20B58)%3Cbr%3E%3Cstrong%3EPower%3A%3C%2Fstrong%3E%20340hp%20at%206%2C500rpm%3Cbr%3E%3Cstrong%3ETorque%3A%3C%2Fstrong%3E%20500Nm%20from%201%2C600-4%2C500rpm%3Cbr%3E%3Cstrong%3ETransmission%3A%3C%2Fstrong%3E%20ZF%208-speed%20auto%3Cbr%3E%3Cstrong%3E0-100kph%3A%3C%2Fstrong%3E%204.2sec%3Cbr%3E%3Cstrong%3ETop%20speed%3A%3C%2Fstrong%3E%20267kph%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EOn%20sale%3A%3C%2Fstrong%3E%20Now%3Cbr%3E%3Cstrong%3EPrice%3A%3C%2Fstrong%3E%20From%20Dh462%2C189%3Cbr%3E%3Cstrong%3EWarranty%3A%3C%2Fstrong%3E%2030-month%2F48%2C000k%3C%2Fp%3E%0A
The specs

AT4 Ultimate, as tested

Engine: 6.2-litre V8

Power: 420hp

Torque: 623Nm

Transmission: 10-speed automatic

Price: From Dh330,800 (Elevation: Dh236,400; AT4: Dh286,800; Denali: Dh345,800)

On sale: Now

The specs
 
Engine: 3.0-litre six-cylinder turbo
Power: 398hp from 5,250rpm
Torque: 580Nm at 1,900-4,800rpm
Transmission: Eight-speed auto
Fuel economy, combined: 6.5L/100km
On sale: December
Price: From Dh330,000 (estimate)
The biog

Name: Fareed Lafta

Age: 40

From: Baghdad, Iraq

Mission: Promote world peace

Favourite poet: Al Mutanabbi

Role models: His parents 

Europe’s rearming plan
  • Suspend strict budget rules to allow member countries to step up defence spending
  • Create new "instrument" providing €150 billion of loans to member countries for defence investment
  • Use the existing EU budget to direct more funds towards defence-related investment
  • Engage the bloc's European Investment Bank to drop limits on lending to defence firms
  • Create a savings and investments union to help companies access capital
World Test Championship table

1 India 71 per cent

2 New Zealand 70 per cent

3 Australia 69.2 per cent

4 England 64.1 per cent

5 Pakistan 43.3 per cent

6 West Indies 33.3 per cent

7 South Africa 30 per cent

8 Sri Lanka 16.7 per cent

9 Bangladesh 0

MATCH INFO

France 3
Umtiti (8'), Griezmann (29' pen), Dembele (63')

Italy 1
Bonucci (36')

India squad for fourth and fifth Tests

Kohli (c), Dhawan, Rahul, Shaw, Pujara, Rahane (vc), Karun, Karthik (wk), Pant (wk), Ashwin, Jadeja, Pandya, Ishant, Shami, Umesh, Bumrah, Thakur, Vihari

Company%C2%A0profile
%3Cp%3E%3Cstrong%3ECompany%20name%3A%20%3C%2Fstrong%3EHayvn%3Cbr%3E%3Cstrong%3EStarted%3A%20%3C%2Fstrong%3E2018%3Cbr%3E%3Cstrong%3EFounders%3A%20%3C%2Fstrong%3EChristopher%20Flinos%2C%20Ahmed%20Ismail%3Cbr%3E%3Cstrong%3EBased%3A%20%3C%2Fstrong%3EAbu%20Dhabi%2C%20UAE%3Cbr%3E%3Cstrong%3ESector%3A%20%3C%2Fstrong%3Efinancial%3Cbr%3E%3Cstrong%3EInitial%20investment%3A%20%3C%2Fstrong%3Eundisclosed%3Cbr%3E%3Cstrong%3ESize%3A%3C%2Fstrong%3E%2044%20employees%3Cbr%3E%3Cstrong%3EInvestment%20stage%3A%20%3C%2Fstrong%3Eseries%20B%20in%20the%20second%20half%20of%202023%3Cbr%3E%3Cstrong%3EInvestors%3A%20%3C%2Fstrong%3EHilbert%20Capital%2C%20Red%20Acre%20Ventures%3C%2Fp%3E%0A
JAPANESE GRAND PRIX INFO

Schedule (All times UAE)
First practice: Friday, 5-6.30am
Second practice: Friday, 9-10.30am
Third practice: Saturday, 7-8am
Qualifying: Saturday, 10-11am
Race: Sunday, 9am-midday 

Race venue: Suzuka International Racing Course
Circuit Length: 5.807km
Number of Laps: 53
Watch live: beIN Sports HD

Cryopreservation: A timeline
  1. Keyhole surgery under general anaesthetic
  2. Ovarian tissue surgically removed
  3. Tissue processed in a high-tech facility
  4. Tissue re-implanted at a time of the patient’s choosing
  5. Full hormone production regained within 4-6 months
Al Jazira's foreign quartet for 2017/18

Romarinho, Brazil

Lassana Diarra, France

Sardor Rashidov, Uzbekistan

Mbark Boussoufa, Morocco

Company%20Profile
%3Cp%3E%3Cstrong%3EName%3A%20%3C%2Fstrong%3EDirect%20Debit%20System%3Cbr%3E%3Cstrong%3EStarted%3A%3C%2Fstrong%3E%20Sept%202017%3Cbr%3E%3Cstrong%3EBased%3A%3C%2Fstrong%3E%20UAE%20with%20a%20subsidiary%20in%20the%20UK%3Cbr%3E%3Cstrong%3EIndustry%3A%3C%2Fstrong%3E%20FinTech%3Cbr%3E%3Cstrong%3EFunding%3A%3C%2Fstrong%3E%20Undisclosed%3Cbr%3E%3Cstrong%3EInvestors%3A%3C%2Fstrong%3E%20Elaine%20Jones%3Cbr%3E%3Cstrong%3ENumber%20of%20employees%3A%3C%2Fstrong%3E%208%3Cbr%3E%3C%2Fp%3E%0A
Company profile

Company name: Nestrom

Started: 2017

Co-founders: Yousef Wadi, Kanaan Manasrah and Shadi Shalabi

Based: Jordan

Sector: Technology

Initial investment: Close to $100,000

Investors: Propeller, 500 Startups, Wamda Capital, Agrimatico, Techstars and some angel investors

Queen

Nicki Minaj

(Young Money/Cash Money)

Our legal consultants

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.