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Chapter 35


Hunain:

" Abba, will you stop making that screeching sound for just few minutes!!! "

My mind was in a terrible state of mess, more confused and difficult to solve than a jigsaw puzzle. I was here in my garage trying to remodel the car that was awfully destructed in an accident and the owner of that car had miraculously survived but he had said that if I weren't able to recover his sweet car he would probably die of shock or heart attack.

My mind slowly drifted back to my daughter , for whom my wife was adamant to admit her to an autistic child care institute.Kainat was 2 and half years old now and she was very different from other kids her age. Since after ammi being diagnosed of cancer, most of the income was spent on her treatment and chemo sessions. I had thought of informing Ma'arij but then it just skipped my mind.

I was brought out of my thought when I felt a hand placed on my shoulder,

' Beta, you will give that man a heart attack for sure. You just broke his car's headlight. '

Tilting my head towards him, and then back to what was being destructed by my hand- I almost smashed his headlights.

" Sorry, I was... "

' Are you thinking about Kainat? You know when you were her age it was difficult for you as well to walk. And I thought I had an abnormal child. But your ammi's love was sufficient enough to make your first steps easy, she believed in you. '

" I ? Ammi never told me about this? "

Keeping the tool in my hand aside, I dusted off my pants and got up to go inside.

' Don't let Sarah's hope die. She loves you and Kainat a lot. Kainat is your exact replica, she is just taking some extra time to cope with her surroundings, and in learning new things like to walk, to laugh, to understand gestures... '

I just simply nodded. When she was born, she looked adorable like a cute little doll but now she bothered me a lot. As if, God forbid, she was an unwelcomed burden...

Astaghfirullah, how can I even think like that! Astaghfirullah.

' Even I disliked you, not really, but I was fed up of spending on you. My income as a mechanic was only 1000 Rs per month and that wasn't enough for I had the responsibility of two sisters as well after my parents' demise. '

" Abba, I don't hate her. "

Clenching my teeth, I let the door of car stand against the wall.

' Yeah you don't of course, but you seem frustrated of her. '

Abba held me by wrapping his arms around my shoulder and walked me inside the house.

' It's not easy Hunain, dealing with a special child. But you need to have patience. '

I sighed in exasperation , took off my shoes and adjusted myself on the lounge sofa. Abba took seat by my side and switched on the television. The news on the tv was even more awful- pathetic.

" INDIA SENDS THEIR TROOPS TO KASHMIR, CLAIMING THAT KASHMIR IS NO MORE A DIFFERENT TERRITORY THAN THEIR OWN, HAVE VIOLATED THE ARTICLE 34A . IT IS NOT THREATENING TO SAY THAT INDIA HAS INCURRED HARM UPON THEMSELVES FOR NO REASON, PREDICTING FUTURE IT'S NOT WRONG TO SAY THAT MASS DESTRUCTION AND BLOODSHED ۔ IT HAS NOW BEEN A MONTH SINCE INDIA HAS PUT CURFEW ORDERS ... "

" What rubbish are you listening to Abba? God Forbids, this will never happen. "

" LITTLE TAYABA LOST BOTH OF HER EYES DUE TO THE PELLET GUN ATTACK, SHE BEING THE YOUNGEST VICTIM OF 2 YEARS OLD۔ HER PARENTS SAY THAT THEY WANT NOTHING BUT JUSTICE, THEY CAN'T BEAR TO HEAR THE SHRILL SCREAMS OF THEIR... "

' As far as it seems, India has already declared a war provokingly, too much trouble they have spread and caused. Allah knows how many innocent lives have been robbed out of dignity, happiness, health and wealth.They want a war I guess...But if it happens, Asia will be totally destructed. It's not only about Pakistan but also... '

" Thankyou for your briefing , but I'm not interested . I've more things  to panic about and think of. Shab bakhair. "

I bid my abba goodnight and came to my room.Kainat was peacefully sleeping curled in the arms of her mother, Sarah's arm being the pillow for the little child. Carefully lifting Kainat's head from her arm, I took her and placed her in the baby cot. She stirred in her sleep, drooling but then managed to fall back asleep. I wiped off her mouth with the back of my hand, and stared for a while longer at her angelic face.

' What are you doing Hunain she might wake up, when did she sleep? '

I didn't notice Sarah getting up and standing near me until she spoke.

" Uh. Nothing. Kainat is so much like you. Abba says she resembles me. But.. "

' And that's the reason you're not so fond of her? '

It felt as if I was stabbed directly into my heart. Why was everybody convinced to think this ? Only because I didn't support my wife's decision of taking Kainat to treat her condition? But why?

" Tell me what's my fault? Why am I being subjected to mental torture !! Why Sarah why??? "

My fingers were digging into her arms, I had squeezed her arm too tightly for me to realise. But then her whimper made me so, I loosened my grip on her and sat on the edge of the bed defeatedly- with shame and dissatisfaction of myself.

' Hunain. '

She sat by my side, holding my hands in hers and brought them close to her lips and softly let her touch linger there for few seconds. Sarah was a light of hope for me in my darkness-which I had surrounded myself with. None of the days we spent together was spent without her being with me, spiritually, physically and emotionally. But still khadijah existed in some corner of my heart.

' Allah loves us Hunain. He gives trials because He wants to see who is sincere towards Him. And I love you as well . Amma loves you. Abba loves you. Kainat also loves you. How can you think like that you are being deprived of something? How? '

I turned towards her with moistened eyes, my lips quivering in the intensity of the moment , because of the unspoken words I had hidden in my heart.

She ran her thumb softly over my lips, and gave a light peck there. She kept her thumb near my lips, creating soothing patterns upon my skin.

" I ... I also love Kainat. I also love you all. But... I'm unable to deal with whatever is happening in our lives. Ammi is going through so much pain I can't see her like that. She has lost so much weight, she looks like as if someone sucked out life from her. There is so much expense and I can't figure out how to manage. It's like everything is breaking apart... Sarah, when will everything be okay? Will I loose my.. "

' Sssh. Don't say negative ever. Nothing will happen to ammi and neither we would ... '

Abba's ferocious scream turned our attention from our conversation to the source of scream, to the next room where.... Ammi...

Leaving our discussion at bay, we ran towards her room. Ammi was lying unconscious and her fist were full with a thick strand of light grayish hair.

' Hunain. Ammi. It's because of chemotherapy, I read it on internet. '

We exchanged painful glance, and then I squeezed his hand assuringly but he jerked away my hand.

" You. Just. Stay. Away .From. My Mother . All you're just concerned about your daughter, Kainat! Kainat and Kainat 24/7 you're after her. If you can't take care of my mother , you shouldn't even pretend that you care. Leave now! "
He shouted restraining angry tears and then turned back towards his mother .
I was hurt by this demeanor of his, but nevertheless I couldn't be cruel like him.

Khadijah:

Today was the most anticipated topic discussion. About dissolution of marriage according to Islam. Though this is halal, but it is the most despiteful act in the sight of Allah.

Sheikh came to the class, greeted salam to everyone and began with his today's lecture.

“ (Till death do us part) in all cases have been responsible for untold human misery and sin. This law is not suited to human nature and Islam does not force us to apply laws which are extreme - neither celibacy, permanent marriage without the possibility of divorce, nor promiscuity and mayhem (the most popular one in our time).

Islam gives us two important social goals in this regard:

• The "eradication" of single people of marriageable age as much as possible by facilitating marriages

• Setting up a social environment where all relations between men and women outside of marriage can be completely eliminated.

About the first point, Allah said:

• "Marry the single among you and the pious among your male slaves and your female slaves. If they are poor, Allah will free them from need from His bounty and Allah is Generous, Knowing." [Noble Quran 24:32]

The second point is clear from the fact that Islam prescribed 100 lashes or stoning by death for men or women who commit fornication/adultery. Allah warns us in several places to "stay far away from" this act. Also, the Prophet (peace and blessings be upon him) said in a hadith: "The most fearsome trial from which I fear from you is the trial of women." (If he (peace and blessings be upon him) had been speaking to women, this would have been: "the trial of men").

Obviously, part of facilitating these objectives is not to imprison spouses in a marriage which is not satisfying mentally or physically. Some of them will surely cave under the pressure and seek other outlets for their needs, destroying the moral fiber of society. In such cases, termination of the marriage becomes preferable.

Also, one of the most important goals of marriage is to raise a new generation of Muslims who will carry the message and practice of Islam forward. The family is the first source of guidance and happiness. If they are brought up in a situation where they can easily see the displeasure and unhappiness of their parents - and especially if Shaitan finds a way to connect this in their minds to Islam in some way - the problems in that family may be passed on to the children corrupting their behavior and possibly even their Islam.

Divorce and the various other means which Islam provides to terminate a marriage are provided to men and women in Islam in order to further the attainment of these goals - either within an existing marriage or by removing it. Divorce should not be "ugly". When it becomes necessary, it should be done with consideration, dignity and kindness. Allah said:

• "Then, when they reach the term appointed, either take them back in a good manner or separate from them in a good manner..." [Noble Quran 65:2]

The Means by Which a Marriage May be Terminated

There are a variety of ways in which a marriage becomes terminated in Islamic law either automatically or on the initiative of the husband, the wife or a judge. It is true that the "power" of divorce is in the hands of the husband and not the wife, but this does not mean by any stretch of the imagination that the woman has no ability whatsoever to put an end to the marriage if she is mistreated, unsatisfied or unhappy. Men who convince their wives that they have absolutely no recourse unless they decide to divorce them have deviated in their Islam, misled and oppressed.

The means of terminating a marriage in Islamic law is a very important topic and one about which many Muslims are ignorant or misinformed. Because of this ignorance, many are forced to live miserable lives because they don't realize the options which are available to them. This is true for both Muslim men and Muslim women. The following outline shows the various ways in which a marriage may be terminated:

By the husband

* Divorce

* Al-Ilaa (an oath not to have relations with her)

* Adh-Dhihar (an oath that she has been unfaithful)

By the wife

* Option of puberty

* By empowerment

By mutual consent

* Al-Khul'a ("ransom")

* Arbitration

By a judge

At the insistence of the husband

* The wife has a defect

* The wife has a serious character deficit making them "unequal" or inappropriate for each other

* Al-li'an where the husband swears an oath four times that she committed adultery

At the insistence of the wife

* The husband has a defect

* The husband has a serious character flaw making them "unequal"

* Husband is missing and presumed dead

* Husband is not supporting her

* Husband mistreats her

* Husband fails to perform marital obligations

* Husband commits inequality between multiple wives

On his own initiative

Marriage contract has a fatal flaw

Husband refuses to comply with a judge's order to divorce.

Dissolution at the Hands of the Husband

The husband can unilaterally bring and end to the marriage by one of four means: 1) divorce, 2) turning away from her for four months, 3) making a statement which makes her unlawful to him, and 4) swearing an oath that she committed adultery.

Al-Ilaa (Ceasing Relations)

This is where the husband takes an oath not to approach his wife. This is what is referred to in the following verse:

"For those who swear to cease relations with their wives is a waiting period of four months. Then, if they resume relations, verily Allah is Forgiving, Merciful." [Noble Quran 2:226]

In the jahiliya (pre-Islamic days), there was no time limit on this oath and this practice. A cruel man could leave his wife hanging for her entire life neither treating her as a wife nor divorcing her. In Islam, a four month limit has been put on such an oath. Within this limit, Allah forgives this behavior. After four months, the husband must either resume relations with his wife or end the marriage. If he does nothing after four months and continues to boycott her bed, then the marriage is over. Some scholars were of the opinion that it doesn't ends automatically and she must raise the issue to a judge. This is not considered a proper way to end an Islamic marriage. In general, if the husband does not break his oath and return to his wife within the four month period, he will have brought an end to the marriage and would have committed a wrong in the process. Some scholars equated this to three divorces and said that those two may never marry again unless she is married to someone else, that marriage is consummated and later terminated. Others equated it to a single divorce meaning that they can remarry after it.

Adh-Dhihar (Obscene Oath Which Prohibits)

Adh-Dhihar is another practice which dates back to the times of pre-Islamic ignorance. It is where the husband makes a statement like: "You are to me like my mother's back." This implies that the woman becomes forever forbidden. It is referred to in the Quran:

"As for those who makes their wives unlawful to them by dhihar, those are not their mothers. Their mothers are none others than those who gave birth to them. They surely utter a reprehensible statement and a lie." [Noble Quran 58:2]

Clearly, this is a forbidden act, since Allah described it as "a reprehensible statement and a lie". If a man commits this, he may not approach his wife until he makes an expiation for the statement he has made. His expiation is to free a believing slave, fast two consecutive months or feed sixty poor people in that order according to his ability.

Dissolution by the Wife

In certain unusual situations, the wife has the means to dissolve the marriage unilaterally. The first of these is called the "option of puberty". This is where the girl is married before puberty. When she reaches puberty, she has the right to accept or reject the marriage.

The second means is "empowerment" where the husband gives the wife the right to pronounce divorce on his behalf. Thus, in some sense it is a divorce by the husband (with the pre-specified "power of attorney" from him), actually initiated by the wife.

This is something with no direct evidence for it from the Quran and the Sunnah and appears to be something never practiced by the Companions and the early generations. Nonetheless, there seems to be a valid legal logic that if the man has this authority, then he should have the authority to delegate it to her. However, if this practice becomes widespread or if men find they cannot get married without offering it, then the ruler should ban it because it is a fundamental contradiction of the Shari'a. If Allah intended for women to have the power of unilateral divorce, He (Most High) would have given it to them.

Dissolution by Mutual Consent

The husband and wife may agree on an end to the marriage or on a divorce. This is done by what is known as khul'a, which will be discussed later, or by arbitration, as discussed earlier. ”

This explanation has been taken from islamswomen.com

Sheikh had his eyes glistening by the time he ended his topic and I just brushed it off that there might something be wrong with him. Why should I think of someone who is not mehram to me?

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