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Offline kabiru74

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« on: June 07, 2015, 10:29:35 PM »
وَإِنْ أَرَدتُّمُ ٱسْتِبْدَالَ زَوْجٍ مَّكَانَ زَوْجٍ وَءَاتَيْتُمْ إِحْدَىٰهُنَّ قِنطَارًا فَلَا تَأْخُذُوا۟ مِنْهُ شَيْـًٔا ۚ أَتَأْخُذُونَهُۥ بُهْتَٰنًا وَإِثْمًا مُّبِينًا

Salam brother joseph

What is your view with respect to the above verse?
On what ground can it be invoked. As no reason is adduced in the verse.
If u have the chance to marry as much u are capable of what is the need of replacing one with the other. Does this not indicate that the numbers of wives u can marry is limited(like four proponents) .


Offline Sardar Miyan

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« Reply #1 on: June 08, 2015, 04:27:03 AM »
Does the Indian Courts following order can help reply to your question?
A family court in Mumbai has restrained a Muslim US-returned pediatrician from marrying for the second time till he settles the rights and dues of his first wife.

"The religion and the law both do not permit a Muslim men to perform another marriage as of a right by thrashing and delaying the rights of his first wife," said Judge Swati Chauhan in her order.

Dr Akbar Khan (name changed) a resident Worli is directed "not to perform another marriage" till he grant an alternate accommodation to his first wife ‘Sakina’ and, until her plea for maintenance is not "heard, decided and fully complied with", the court directed.

Sakina (34) had moved the court after finding that Akbar (45) had posted a matrimonial ad that he is "desirous of marrying an unmarried young girl in the age group of 18-25 years". She apprehended that Akbar's remarriage would "frustrate and defeat her lawful rights".

The couple married on May 27, 2001 and the next month moved to the US where four sons, between 12 and 4 years, were born. Frictions arose between them even before the family shifted back to Mumbai in September 2011 and into a leased flat in Versova.

Judge Chauhan said that from a careful hearing of the case, it is understood that Muslim men are preached that they can marry for the second time only if they are able to be equitable to both the women. "In the same breathe she said the ‘Surah nisa’ further states that practically this is not possible and therefore second marriage should not be contracted because it will cause injustice".

Chauhan said various authors and authoritative writings have discouraged polygamy and stringent conditions were imposed on men even during the lifetime of Prophet Mohammad. The judge said Akbar's "conduct is absolutely against the orders of the Holy Quran", as he has "shown least care towards the issue of food, clothing, maintenance and accommodation.

Sakina had initially approached the family court in Bandra for custody of her three older children saying Akbar without her consent had snatched them from her. She pointed out that the Akbar had not complied with the court's earlier order to allow her access to her 3 sons and alternate accommodation. She urged that Akbar be directed not to marry another woman till her rights are adjudicated upon.
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