சவுதி முஸ்லீம்களின் அடங்காத ஜாதிவெறி

கீழ்ஜாதியை சேர்ந்த மன்சூர் அல் திமானியை திருமணம் செய்த மேல்ஜாதி பாத்திமாவின் திருமணம் செல்லாது என்று சவுதி நீதிமன்றம் தீர்ப்பளித்தது.

காரணம் சவுதி அரேபிய கீழ்ஜாதி ஆண் மேல்ஜாதி பெண்ணை திருமணம் செய்யக்கூடாதாம்.

இதனால் பாத்திமா சிறையில் வைக்கப்பட்டார். குழந்தைகள் அனாதாசிரமத்துக்கு அனுப்பப்பட்டனர்.

மன்சூர் அல்திமானி அனாதாசிரமத்தில் இருக்கும் தன் குழந்தைகளுடன் பிறந்தநாள் கொண்டாடினார்.

தன்னை தன் கணவனுடன் சேர்த்து வைக்கவேண்டும் என்று கடந்த 3 வருடங்களாக போராடிவரும் பாத்திமாவுக்காக இந்துக்கள் பிரார்த்தனை செய்யவேண்டும்.

இஸ்லாமில் ஜாதிகள் இல்லை என்று உலகமகா பொய்யை பேசும் இஸ்லாமிய பிரச்சாரகர்களை துரத்தியடியுங்கள்

Fatima wants her marriage back
Hassna’a Mokhtar | Arab News —


JEDDAH: Suleiman celebrated his third birthday recently in an orphanage with his mother Fatima. But he is not an orphan. His parents have only been forcibly divorced.

“When I pray to God, Suleiman prays with me. He says: ‘I want to go to papa and Noha’. He’s only seen his sister and father in photographs,” said 36-year-old Fatima.

For the past two years, Fatima has lived with Suleiman at an orphanage in Dammam. In a highly publicized case, a judge nullified Fatima’s marriage to Mansour Al-Timani, 39, on July 20, 2005 after her family claimed that the husband had lied and misled them about his tribal background. Al-Timani has repeatedly denied that he had lied or misled anyone to marry Fatima.

Fatima refuses to return to the custody of the men — her half brothers — who interfered with her marriage. She was arrested in Jeddah for living with Al-Timani, whom she had legally married and with her father’s consent. Their older five-year-old child Noha is in her father’s custody.

A source at the Human Rights Commission, who refused to be named, told Arab News that the case is still pending and there has been no new developments. The reasons as to why Fatima is still awaiting a decision even though her case started three years ago are unclear to her.

“Three years is a long time to reach a decision in my case, especially when the divorce is illegal. Why hasn’t my problem been solved even though other cases were resolved? Custodian of the Two Holy Mosques (King Abdullah) once said any pending legal case should be disposed of. Didn’t anyone hear that?” said Fatima in anguish.

Fatima said she cannot take Suleiman to hospital when he is sick. His name is not included in the family ID card she has. Her husband’s ID has also expired and he is unable to renew it because of their pending case.

Shariah law does not prohibit a woman from marrying a man of a different tribal background and therefore according to Islamic law, which is the law of the Kingdom, Fatima’s marriage was perfectly legal because her father (who has since passed away) had consented to the marriage.

Sheikh Saleh bin Saad Al-Luhaidan, a legal consultant and scientific consultant of the World Association For Mental Health in the Gulf and Middle East, cited the case of Zainab bint Jahsh, who married Zaid ibn Haritha, a slave.

He explained that there are many angles to Fatima’s case that need to be tackled.

“First, I believe that the wife should return to her husband and daughter because nothing happened between them that requires divorce. However, if the tribal incompatibility is going to severely harm the wife’s family in case the marriage continues, then it’s for everyone’s best interest that the husband divorces his wife and she returns back the dowry to him,” said Al-Luhaidan.

He explained that there have been many cases where the suitor would lie about his tribal background. “In this situation, the wife should divorce the husband because he was dishonest,” said Al-Luhaidan.

According to Islamic law, Al-Luhaidan said that the woman has the right to decide for herself whether to accept the suitor or not and that the legal guardian (mahram) is only responsible for her and not to interfere with her decision.

“If the husband accepts the wife and vice-versa, the mahram shouldn’t prevent her from being with the person even if there is tribal incompatibility,” he said.

Al-Luhaidan also said that he has high hopes for a new legal strategy to study similar cases from a psychological and clinical perspective as well as developing regulations that govern such problems.

“Even if the husband is reunited with his wife, there might be psychological consequences and the children are the victim. I really wish to send a message to all judges in the country that they should be cautious, careful and take their time when dealing with a divorce case. They should help people reconcile before rushing to make decisions,” said Al-Luhaidan.

This case is similar to one that was reported in local newspapers two weeks ago. A couple, who had been married for a year and half and had a four-month-old daughter, were divorced in absentia by a judge in Qatif. The wife’s father filed the case against his son-in-law, Abdullah Ali, 30, on the basis of tribal incompatibility. The judge ordered separation of the wife, Samira, 29, from her husband until a final decision was made.

Sheikh Yusuf Al-Shbaili was quoted in the article as saying that compatibility between the husband and the wife should be based on morals and religion not on other issues.