Mumbai Burning

Heart goes out for the innocent victims. What is afflicting humanity? What do these crazed individuals want? Let us live in peace will ya! Someones interests are death blows for the others. Unfortunate.

Safest Place

The safest place, where nothing bad could touch me, nothing could hurt me, was the lap of my father or when I used to lie with him with my back against his chest.

Religious Quacks On-Line - Part 2

You guys should have seen Aalim Online last night. It was Council of Islamic Ideology (CII) hate-specific special. The 9 members of the CII were certified as 'not pure muslims'.

A certain scholar from Jamia Binoria termed that the recommendations would result in 'increase of divorce rate'. Our Mufti Muneeb said that even when 'khula' is mentioned in nikah nama, still this does not mean that the wife gets the right of divorce rather the court decides on her behalf. Its ok if a man divorces her without court.

The most striking thing - was this. Unfortunately when you are a reader of Quran you get a lot of lovely statements from people who claim to be the guardians of faith. Both of the gentlemen guests and a scholar on-line told audiences that 2 witnesses are not a requirement at the time of Divorce, its only a requirement at Nikah. And my jaws dropped. Check this verse.

Sura Talaq 65:2 - Thus when they fulfil their term appointed, either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you, endued with justice, and establish the evidence (as) before Allah....

Please tell me 'I' am wrong and these learned scholars are not! How on earth can they lie in front of the whole world?! But then its no surprise. Evey sort of quack is available as I had mentioned in this post.

They even threatened the Government of dire consequences if if went with the implementation of these recommendations.

Recommendations of Council of Islamic Ideology

(Source The News Editorial, 18th November 08)

- divorce will come into effect 90 days after a woman has filed for separation. Till now, even though family courts have over the past few years granted women seeking divorce their right to annul a marriage more often than before, the long drawn-out procedure for 'khula' has meant repeated visits to courts and the airing of all kinds of messy matters in public. In some cases, omen have been pressurized by judges to return to husbands they wish to leave. The CII's suggestion will make the matter a much simpler one for women

- An application for divorce be registered the same way as a 'nikahnama',
- a husband must register the 'first divorce' rather than sending his wife three simultaneous notices of 'talaq'.
- he should declare his assets at the time of marriage avoiding controversy over what a wife can claim if she files for divorce.
- The inclusion of a clause in the nikahnama granting women the right to divorce has also been recommended. At present, even the clause that allows a man to grant this right to his wife is in practice often struck out by 'nikah khawans'.

There are lot of problems women face when it comes to Divorce related matters in Pakistan. CCI recommendations are a step in the right direction. Unfortunately, the clergy will not allow that as it encroaches upon their domain - their territory. There are some very valuable guidelines in Quran in matters relate to divorce (link below) which can be adopted to stop the mistreatment of women in Pakistan.

Related Posts:

- Divorce in Islam - The Quranic Perspective

- Quacks On Air - Religious Ones

Job Application

The killer line...

".. balls of my life are in your court now."

PostMan's Law of Office Privacy

There is always a colleague in office who stares at your computer screen.

NAB drops all corruption cases against politicians

"The National Accountability Bureau (NAB) has dropped all corruption cases against politicians, both the government and the opposition, ... corruption cases involving over Rs 500 billion were dumped under the controversial National Reconciliation Ordinance (NRO)" - The News

No matter how smart, able or intelligent Musharraf was or whether he committed no financial embezzlement for his own profit motives - when a dictator keeps holding on to power, this is the way that country suffers.

Yes the politicians are and will be corrupt, yes there is no accountability of people who have committed wrongs but when a dictator comes along, may be all sincere does not leave quick, he brings just another plate for corrupt to eat from.

Thats where Musharraf lost it big time. So did the country.

Baby 10 Commandments

(from the perspective of baby - the lord)

1 - Thou shall giveth everything to me.
2 - Thou shall not taketh (it) back from me.
3 - I shall throweth wherever I wanteth.
4 - Thou shall not covet my stuff.
5 - Thou shall feed me.
6 - Thou shall clean me.
7 - If you will - I wont.
8 - If you wont - I will.
9 - If you insist - hell will be the abode.
10 - The night is mine, the day is mine, you are at the servitude.

Allergy Treatment

'Drinking milk may ease milk allergy' - A news report.

Some solution! Don't fear of any allergy now! Dig in!

Tera Kya Hoga Kalia?

The Government has taken action against one of the biggest exchange companies operating in Pakistan, Khanani & Kalia. They have been accused of illegally smuggling out billions of US dollars over a period of 5 years and specifically for the last 6 months when Pakistani Rupee was stretched to its limits. The Rupee has depreciated by some 23% since July. The Forex reserves at $16 billion in July, are a mere $7 billion now. Although, majority believe that it has got more to do with the current account deficit (trade deficit ballooning to US$7.2 billion for July-Oct 08) but someone wants us to know that other facors are involved too.

State Bank has suspended the licence of Khanani & Kalia for one month due to the action of Federal Investigative Agency (FIA). It is suggested in news report that FIA had warned the government of the flight of capital through exchange companies couple of months ago but no action was taken. Now suddenly, the Govt has woken up to the 'cause' and arrested to directors of the company.

'Hundi' and 'hawala', are the two most used methods of 'unofficial' transfer of forex in and out of country. Remittances sent by oversees Pakistanis mostly find these routes because they are quick, efficient and arbitrage is good. After 911, crack down on unofficial channels and strict monitoring of financial flows somewhat hindered their network and instead more and more Pakistanis are sending their remittances through official channels. Government and central bank have been trying to bring them in to the net of official economy so to harness more available resources. For this reason State Bank started offering licences to exchange companies.

Now what role can these exchange companies play. Apart from being a secondary channel of forex inflows and outflows, they can participate in currency smuggling. Afghanistan is a good market right now for American dollar as it brings you good value so a lot of smuggling of dollars has taken place through Afghanistans border. It can also be used to transfer money out on fictitious transactions for example buying real estate in another country although there will be no transaction.

So how did Khanani & Kalia operate? No one knows for sure. FIA has seized computers and stuff so they 'know' how they operated. I just dont understand why no action was taken before and 'suddenly' the bosses of this company are in custody - keep in mind that it involved 'senior bureaucrats and politicians'. Kaalia says he'll spill the beans. I have my fingers crossed. Also keep in mind that exchange companies and unofficial channels have been doing it for a very long time and its nothing 'new'. Some even suggest that the size of this informal mode of transaction is almost 40% of the total transactions.

So what is really cooking. I guess I wrote this whole post just for the title. damn me.

My Daughter

Credit KKT at Buzzvines

Peeping in every few minutes
My precious still there
The world beckons for her
And I know she cannot remain
That bed will be empty
The room for once tidy
The rituals will have to change
Her scent, though it may linger
But it too will dissipate
Last loving glance
At sleeping beauty
Suddenly she seems changed
No longer as childlike as I recall
My child nonetheless
Who will protect her
How will I tame my instincts
Fear may engulf her heart
But mine feels torn apart
How will life go on
Who will I live for
Who will I care for
Who will I worry for
The Lord giveth
And the world taketh away

Obama Won Me An Argument

When I had written the post "Why Cant There Be A Non-Muslim Pakistani Head of State", the common response that I got was this was not possible as every country had certain 'norms' that it followed - religion being one of them. The other factors, as an argument, can be the race. For example, in US, there has never been an african american elected as the President (nor a woman) although United States claims to be the greatest democracy ever.

Even then I used to tell them that although no african american has been elected as a President, still their constitution did not bar anyone to hold that office for any reason whatsoever. In Pakistan, the prime minister and the president 'have to be' muslims. This is wrong. Members of minorities are Pakistanis too.

Now as Barack Obama has been elected as the first african american president of USA, at least this argument goes down. Hurray!

:p

Related Posts

- Why Cant There Be a Non-muslim Pakistani Head of State
- The Next President?

PostMan's Law of Electricity Loadshedding

The light goes out when you need it the most.

Forest ? Nay Jungle

Life is like a box of chocolates... you never know how much you're going to pay for it!

PostMan's Law of Baby Tantrum

Your baby will throw the most tantrum when you are having a meal.

Fatherhood - Manifestation

When the lights go out, you sacrifice your own sleep for the comfort of your child and fan her with every possible object so that she keeps sleeping.

P.S: Though my sister will kill me if she read this because she diligently made more effort to take care of her!

Rights in A Muslim Marriage (Pakistan)

The following text has been taken from Sustainable Policy Development Institute's (SDPI) website (Link) Please check the link and website because it contains very valuable information for spouses - especially women. They have to know their rights. I have divided the document in sections for easy navigation.

1. Haq Mehr: An Essential Right
2. Inheritance
a) What to do if your rights have been violated in Inheritance.
3. Other Rights in Marriage
4. Maintenance
a) What to do if your rights have been violated in Maintenance
5. Dissolution of Marriage
6. The Importance of Following Divorce Procedure
7. Talaq
a) The importance of Judicial Notice in Talaq
8. Khula
9. Judicial Divorce - Dissolution of Muslim Marriages Act 1939
10. Option of Puberty

Haq Mehr: An Essential Right



As an essential requisite of marriage, haq mehr is always due to the wife, no matter whether it has been written and specified in the marriage contract nor not (clauses 13-16). Mehr is one of the most basic rights of a married woman and therefore the custom of writing the purely symbolic amount of Rs 32.50 effectively denies women the benefit of their marriage rights.

If it has not been fixed in the nikahnama, it is known as ‘mehr ul misl’ or proper dower and the court will then set it by taking into account her status and the mehr given to her close female relatives. If the mehr has been fixed it can be prompt (mehr moajjal) or deferred (ghair moajjal or mu’wajjal) or split into parts some of which is prompt and some of which is deferred. If it is not specified which form the mehr is, it is assumed to be prompt.

Mehr can be in the shape of land, jewellery, cash or gold. Gold is preferable and its weight should be written in the nikahnama, which offers the wife some protection against inflation, whereas written cash amounts can become worthless after a few years.

Type of Mehr	When it can be Claimed	Rights
prompt	whenever the wife demands	Wife can refuse to consummate the marriage or to continue living with husband until it is paid. She can go to court to seek payment up to three years after husband refuses to pay. This is the best form of mehr as it gives the wife the greatest flexibility and control over her mehr.
deferred	on death of husband on talaq or dissolution of marriage at an agreed date specified in the nikahnama or any written agreement with the husband	On husband’s death, mehr is a debt that has to be paid before his property is divided among his heirs. Can be claimed in a court within three years of divorce or death of husband.
mehr ul misl	whenever the wife demands	as for prompt mehr
all forms of mehr	the amount can be raised at any time during the marriage on a written declaration by the husband a wife cannot be deprived of her mehr unless she has made a written agreement, signed by witnesses and the courts is satisfied she did this voluntarily, out of natural love and affection waiving off of mehr under pressure - e.g., at the husband’s qul or on his death-bed will not be held as valid by the courts when paying mehr, husband has to declare that this is part of mehr unless specified as part of mehr, things given to the wife by the husband during the marriage (e.g.,, jewellery, cash) are not considered part	of her mehr

Inheritance

Inheritance is the only area of family law where there are different provisions for different sects, the major difference being over the share given to daughters when there is no male heir.

As Daughter	woman has brothers: gets half of brother’s share woman has no other siblings: Hanafi: gets total 1/2 of inheritance; Jaifria: inherits entire property woman has sisters: Hanafi: share 2/3 of total inheritance equally among themselves; remaining 1/3 goes to other relatives; Jaffria: share total inheritance equally among themselves if parent predeceased: Sec. 4 MFLO: woman can inherit (along with any other siblings) her share of her parent’s share of her grandparent’s property
As Wife	1/8th if she has children; 1/4th if she does not have children a wife can inherit during her iddat period, i.e., when her divorce has not yet become final a wife cannot be denied her inheritance by a death-bed talaq there is no time limit for a wife to claim inheritance
As Mother	1/6th

Inheritance: What to do if your rights have been violated

By taking a firm stand against customary practices, the courts strongly uphold women’s right to inherit moveable and immovable property such as agricultural land. The courts do not accept a brother’s claim that they are maintaining their sister and therefore do not need to give them their share of inheritance. Any agreement surrendering inheritance rights which does not fulfill the following conditions is illegal under the Contract Act of 1872:

• the agreement must be in writing;
• the agreement must be witnesses and registered;
• the agreement must be voluntary and made out of natural love and affection.
  

Other Rights in Marriage

Courts do not enforce customary practices: There are many issues related to marriage where the law has taken a firm stand in favour of women rights. For example an agreement between families regarding an exchange marriage (e.g., watta satta, addo baddo and pait likkhi) cannot be enforced through a court of law if one of the parties breaks the agreement. Similarly, engagement agreements and have no force in law.

The Dowry and Bridal Gifts (Restriction) Act 1976 means that giving a jehez of more than Rs 5,000 carries a penalty - for the bride’s family but not for the bride. The courts insist that jehez and bridal gifts (e.g. salami) are the property of the wife alone and in the event of divorce or separation will not allow husbands to keep any jehez valued over Rs 5,000 just because this jehez is in excess of the legal limit.

Maintenance

Rights	What Counts as Maintenance
Under Sec.9 MFLO: husband obliged to maintain wife ‘adequately’ and, in the event of polygamy, ‘equitably’ maintenance is payable throughout the marriage, during separation (as long as it is not unilateral separation by the wife) and during iddat period after pronouncement of divorce in the event of husband’s death, his heirs are bound to maintain the wife during iddat a wife cannot be denied maintenance if she owns property, or does not live with in-laws or misbehaves’	All necessary expenses for mental and physical well-being, including but not limited to food, clothing, lodging; expenses for delivery of child are also included in maintenance.
Post-divorce maintenance is only recognised by Pakistani law if a provision is written into the nikahnama (clause 20) or any agreement is made in this regard.	Can be in the form of a lump sum payment or monthly payment.

Maintenance: What to do if your rights have been violated

Failure to provide maintenance is one of the most common violations of women’s rights within marriage. To secure maintenance, the wife can either apply to the Union Council or to the Family Courts.

Forum	Procedure	Appeal	Advantages	Problems
Union Council	Arbitration Council formed (Union Council Chairman + representative of each wife and husband)decides by majority, (Chairman has deciding vote) & issues certificate specifying amount taking into account family’s status and husband’s income	wife or husband can apply to the Collector (who is the D.C.) within 30 days on payment of small fee for maintenance amount to be revised upwards or downwardsthere can be no further appeal	no lawyer needed easily accessible, close to wife’s homeusually decided within 2-3 months	Arbitration Council usually pressures wife to reconcilehusband caninfluence proceedingsmaintenance amount often very lowweak enforcement mechanism
Family Court	civil suit filed in Family Court; wife and husband called to hearings judge issues certificate specifying amount taking into account family’s status and husband’s income	wife or husband can approach the court which issued the order for maintenance amount to be revised upwards or downwards maintenance case can go up to Supreme court	wife gets proper legal represen-tation and her arguments are properly heard court can order the husband’s salary to be ‘attached’, i.e. maintenance is automatically deducted	proceedings lengthy and expensive as go before Court and require a lawyer the need to attend court hearings may be problematic for purdah-observing women

Dissolution of Marriage

A Muslim Marriage is a contract and can be dissolved like any other contract. It is automatically dissolved on the death of one of the spouses. Other than this, both wife and husband have legal and religious rights to dissolve a marriage. A husband has the unilateral right of talaq, which can never be taken away but can be restricted through the nikahnama (clause 19). A wife can dissolve her marriage unilaterally only if the right of divorce has been unconditionally delegated to her by the husband in the nikahnama (clause 18).

Other forms of dissolution of marriage which the wife can use are khula and judicial divorce (including option of puberty). These both have to be sought through the Family Courts.

The Importance of Following Divorce Procedures

No matter whether the marriage has been dissolved through talaq, khula or judicial divorce, it is vital that legal procedures be properly followed. Failure to do so can raise doubts about the effectiveness of the divorce and lead to serious legal problems, such as a case of bigamy and zina against a woman who later remarries, or difficulties in settling issues related to the divorce such as past maintenance or claiming deferred haq mehr. The paternity of children can also be disputed.

In addition to any court decree, the woman must make sure she collects her talaqnama certificate from the Union Council and keep it somewhere safe.

Talaq

Procedure	Role of Union Council	When Effective	Penalty for Violation of Procedure
By husband under Sec. 7 MFLO: husband pronounces talaq and sends written notice by registered post to the Union Council, mentioning address where wife	sends copy of notice to wife by registered post. constitutes Arbitration Council within 30 days of receipt of notice. once iddat is over, issues certificate of Talaq being effective to husband and wife.	talaq is not effective until the expiry of iddat. iddat is 90 days from when the Union Council received the notice of Talaq, or after the delivery of child if wife pregnant (whichever is later). if reconciliation has failed and notice has not been withdrawn	simple imprisonment for up to one year and/or a fine of up to As 5,000

The Importance of Registered notice of Talaq

A verbal talaq is not recognised by law and the husband’s failure to send written notice to the Union Council makes the talaq ineffective. Even if the Union Council issues a certificate of talaq, if notice was not properly served on the wife, the talaq can be challenged. This law was originally designed to protect women from a instant and unrecorded divorce. Before 1979 and the introduction of the Zina Ordinance, a woman who was not properly divorced and who later remarried could be punished for bigamy and sentenced up to 7 years (or up to 10 years if she concealed the previous marriage) and only on the complaint of her first husband. However, since 1979, bigamy makes a woman liable to charges of zina which can carry very severe penalty such as death. Therefore, it is vital for a woman to be absolutely clear about her marital status and to have documentary proof that she is properly divorced.

Notice of talaq can be served on a wife (with the Union Council’s permission) through her father, mother, adult brother or sister – but no other relatives. If this is not possible because her whereabouts are not known and notice cannot be served on her through her immediate family, the husband can still serve notice through a newspaper approved by the Union Council.

Sometimes families make the mistake of refusing to receive a registered notification, fearing that it is notice of talaq. This is dangerous because notice can then be served through a newspaper and the talaq will be effective, but the woman will be unaware of her status.

Talaq-i-Tafweez and Mubarat

In both of these forms of divorce, there is no need to approach the courts, meaning that the marriage can be dissolved rapidly, cheaply and with few procedural problems.

Form	Procedure
Mubarat	By wife & husband mutually under Sec.8 MFLO:couple sends written notification of mubarat to Union Council, which then proceeds as if has received notice of talaq(see table above)once iddat is over, Union Council issues certificate of divorce to husband and wife
Talaq-i-Tafweez	by wife under Sec.8 MFLO, only if she has delegated right of divorce (talaq-i-tafweez) specified in nikahnama (clause 18)wife sends written notice (in the same manner as the husband, if he was to dissolve the marriage through talaq) to Union Council, which then proceeds as if it has received notice of talaq (see table above)once iddat is over, Union Council issues certificate of divorce to husband and wife
Comments:	wife’s right to mehr is not affected if right of delegated divorce is conditional (e.g., it is operational only if husband has failed to maintain wife), husband can challenge fulfillment of conditions in Family Court

Khula

Khula, which literally means ‘untying the knot’, is the dissolution of marriage initiated by the wife and is granted by the court.

Procedure	Grounds & Proof	When Effective
By wife under Sec. 8 MFLO: wife files suit for khula in Family Court Family Court issues decree and sends notification to Union Council Union Council proceeds as if has received notice of talaq (see table above) once iddat is over, Union Council issues certificate of divorce to husband and wife	wife feels she can no longer live with her husband ‘within the limits prescribed by Allah’, i.e., an irretrievable breakdown ‘of the marriage has occurred husband’s permission is not required grounds are to be substantiated but not proved	khula is not effective until the expiry of iddat. Iddat is 90 days from when the Union Council received the decree for khula, or after the delivery of child if wife pregnant (whichever is later). if reconciliation has failed khula becomes effective on expiry of iddat.
Comments:	wife usually has to return haq mehr and other benefits received from husband as zar-ikhula gifts received from husband’s family do not have to be returned court decides how much & what is to be returned on the facts of the case wife’s failure to pay zar-i-khula does not render khula ineffective; husband has to file separate suit for recovery of zar-i-khula

Judicial Divorce - Dissolution of Muslim Marriages Act, 1939

Where the woman initiates the dissolution of marriage but regards the husband at fault, she approach the court for a judicial divorce.

Procedure	Grounds & Proof		When Effective
	Cruelty	General
By wife under DMMA wife files suit for judicial divorce in Family Court Family Courtissues decree and sends notification to Union Council Union Council proceeds as if has received notice of talaq (see table above) once iddat is over, Union Council issues certificate of divorce to husband and wife	mental abuse habitual assault husband of bad character, in particular, a womanizer forces wife to lead immoral life disposes of wife's property or stops her from controlling/managing her property prohibits her from practicing her religious duties/obligations unequal treatment of more than one wife	desertion for 4 years and whereabouts of husband and not known non-maintenance for a continuous period of 2 years husband contracts another marriage in violation of procedures given in MFLO Husband imprisoned for 7 years of more husband has not performed marital duties for 3 years without reasonable cause husband impotent at time of marriage and still so husband insane for 2 years, or suffers from leprosy or any venereal disease grounds, i.e., husband's fault is to be proved	dissolutions not effective until the expiry of iddat. Iddat is 90 days from when the Union council received the notice of decree for dissolution, or after the delivery of child if wife pregnant (whichever is later). if reconciliation has failed dissolution becomes effective on expiry of iddat.
Comments :	wife retains right to mehr and other benefits received from husband

Option of Puberty

Child marriages are restricted and those responsible can be punished for violation, although a marriage contracted by a minor’s parents/guardian is not invalid. However, on becoming adult, the spouses have the right to repudiate the marriage and for a woman the procedure is through the courts.

Procedure	Conditions
by wife under Sec.8 MFLO and Dissolution of Muslim Marriages Act: woman aged between 16-18 files suit for option of puberty under DMMA in Family Court Family Court issues decree and notifies procedure to be followed	available provided marriage not consummated NOTE: if marriage consummated before wife aged16, courts consider this forced consummation and grant dissolution on grounds of option of puberty
Comments:	wife retains right to mehr and other benefits received from husband

Check Related Post

- Divorce In Islam - The Quranic Perspective

Days of Our Lives

"Any suicide bombing today?" - a question.

The Best

'.. of the english speaking nations, the British speak the best. The Germans are not that good' - a comment.

Shaukat Khanam Memorial Trust Cancer Hospital

The other day I was watching a program on Shaukat Khanum Memorial Trust (SKMT) cancer hospital which was built by our cricketer turned politician Imran Khan. Tell you what. Watching the scenes with patients, their problems, doctors, labs, treatment, 'generosity' of people of Pakistan, the immensity of this whole thing - I was teary eyed all along.

How the hell can a thing operate so smoothly in Pakistan? that too with all the donations pouring in from all over Pakistan? The interviewers kept asking patients whether SKMT had taken money from them - and they said No. All of their treatment was free. This is unimaginable considering that cancer treatment is horrendously expensive. Those who can afford it, make their contribution too in treatment. Yes they reject patient cases too but they say they do it do it because they do not have the capacity.

I remember when Imran Khan came to Edwardes College Peshawar for his funding campaign as I was standing amongst the students too. It appeared as if there was only one human being standing and talking - the rest were all dickheads. After he finished speaking - students, one by one, came forward and started emptying their pockets or donated whatever they could including myself. This is what 'leadership' is all about. This is what 'command and do not demand respect' means. The sincerity of the man was such that one could not help but help.

And now one can see the masterpiece that SKMT hospital is and is treating patients. The other organization that comes to my mind is SIUT - working on kidney related diseases and treatment thereoff for free. I salute all you guys.

*Salute*

SKMT Hospital Website.
SIUT Website

PostMan's Law of Car Creakiness

The frequency and level of creakiness in your car is directly proportional to the number of people around and inversely proportional to the presence of the car mechanic.