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Sharia Law is More Generous than Common Law

 

Dear Editor,
 
.Carl Thomas Op-ed of July 10, amounts to making mountain of a mole hill. Hyper boles of 'subjugation',' death sentence' are misplaced
 distortions par excellence.
 
Simply put, the facts are that in marital contracts and financial
 transactions, Lord Phillip says, Sharia can be applied, if compliant to English law .If not, English Law will prevail. Main determinant then being English law, where is the logic of subjugation/death sentence, 
 
Fact: under puberty, betrothal is possible with consent of guardian/parents, but it will be not be effective till puberty. Then  marriage can be consummated. In case of divorce, she
has to  wait for 3 months.
 
Fact: In Sharia, divorce is the most despicable act- If
 unavoidable, divorce  is permissible in pregnancy, even after
pregnancy, it is not permissible to say " I divorce you ,3 times in one
sitting but at intervals but in 3 stages-to allow deliberation and reconciliation.
 
Fact: Time is allowed for reconciliation by  counselors, one of each side, once, twice three times during intervals and  If both parties remain non reconciled, divorce is final., verbal or in writing.
 
Fact. even after final divorce,  it is revocable, after she marries another man-a deterrent for hasty divorce.
 
In essence, Sharia allows  divorce in  extreme circumstances, when all alternatives have been explored. The divorce rate is much, much smaller in Muslim countries than in the West.
 
Fact: After divorce, husband is responsible for ex- wife    maintenance for 3 months and when a child is born, for 24 months during nursing. On her remarriage, she has custody of
 child/children, with alimony being paid till they are able to earn their
living.
 
Fact: It is not correct that wife has no right of divorce. In case, she can afford, she has the right of divorce-"Khula"- without going to Islamic judge by paying some property, monetary compensation or waiving dower If she cannot afford, the Islamic court can "...fisq" i.e., annul the marriage-
 
Fact: Daughter getting half of sons' inheritance, is equitable as she is maintained by her husband   while the son has to maintain his family.
 
It is noteworthy that Archbishop of Canterbury had made statement earlier in a Masjid that the Muslim Community can follow Sharia Law if compliant with English Law.  
 
Fact:  Mutual agreement between parties is provided 
in English law, allowing jurisdiction to Sharia Council of Great Britain, as permitted in the U.S.A to resort to Islamic Arbitration Courts in Personal Law matters by mutual accord..
.
Finally. It was in 623 C.E preceding the Magma Carta by some 6
 centuries, that the Charter of Medina-the First ever Written
Constitution in the world was signed by Prophet Muhammed (PBUH). It allowed the minorities- Pagans, Jews and Christian- full autonomy to have recourse to their own Courts to decide according to their personal law, as has been the practice during 14 Centuries of Muslim Era till the downfall of Ottoman Empire in 1924.
 
Viewed thus, the Sharia Law is more generous than Common Law.
 
Ambassador Syed A. Ahsani, President Institute of Medieval and Post
 Medieval Studies
Arlington
_____________________________________
Address.
210 Parkmead CT,Arlington,TX ,76014
Telephone:817-472-06
Email:syedahsani@sbcglobla.net

 

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