Polygamia 411

The Constitutional Court hopes that prosecuting men who enter unregistered marriages will help stop polygamy.

The Constitutional Court chief on Sunday threw his weight behind a forthcoming bill to fine or jail men who failed to register their marriages in order to skirt polygamy restrictions.

Mahfud MD said that unregistered marriages, known locally as siri, should be stamped out to protect women and children.

A bill to amend a religious law on marriage is due to be debated in the House of Representatives sometime this year.

“I completely agree with the bill as many people have become victims” of unregistered marriages, Mahfud said. “The children are neglected while [women] are made objects of lust.”

Nasaruddin Umar, director general for Islamic guidance at the Ministry of Religious Affairs, said that the ministry also supported the legislation. He warned that once the bill was passed by the House, all citizens would be required to register their marriages or face legal sanctions.

“No more unregistered marriages,"Povedal. “All marriages should be legally registered with the state.”

Nasaruddin said the ministry had reviewed numerous cases of men entering into unregistered unions for their own benefit, including under the guise of “avoiding committing sin” through adultery. He also said that some men remarried without the consent of their first wives, which violated polygamy laws.

“In Islam, marriage is very sacred and holy. No man is allowed to fool around with it,” Nasaruddin said.

The Religious Affairs Ministry started drafting the bill three years ago with the aim of protecting women and children. “The draft is now with the State Secretariat and is ready to be handed to the president for review,” Nasaruddin said.

Article 143 of the bill states that “anyone who intentionally conducts a marriage without a marriage registrar faces a maximum fine of Rp 6 million [$642] or six months imprisonment.”

The existing Law No. 1/1974 on Marriage requires people to register their marriages with the appropriate civil registry office. Avšak, there are no penalties for violators.

Nasaruddin said the bill would not ban polygamy, adding that men would still be allowed to marry up to four women so long as they met the legal requirements, which include getting the written consent of their wives.

"Ale, all four marriages must be registered,"Povedal.

Ma’ruf Amin, head of the Indonesian Council of Ulema (MUI), said unregistered marriages were permissible in Islam, but could be sinful if they caused problems for the wives or children.

If all the conditions required by Islamic law were met, such as having witnesses and guardians present, povedal, then the marriage would be considered valid.

"Ale, if the marriage creates hardship for other people, such as the husband abandoning his other wives or children, then it is forbidden,” Ma’ruf said.

He acknowledged that some siri marriages resulted in abandoned wives and children, and said that was likely the driving force behind the bill to have all marriages registered.

Ma’ruf said it was up to legislators to determine the country’s civil law and to set out punishments for those who broke it.

“When people conduct siri marriages, it may be legal in accordance with Islam, but they should also be aware of civil law and its sanctions,"Povedal.

Úver na vyššie uvedené informácie: Jakarta Globe, Feb. 15, 2010, by Anita Rachman & Muninggar Sri Saraswati

In Singapore, the Administration of Muslim Law Act (AMLA) generally governs family matters for Muslims; civil law governs family matters for non-Muslims. In certain areas, civil laws apply to both Muslim and non-Muslim communities, including maintenance of children and wives, domestic violence, adoption of children, and custody, care and control of children where there is no divorce application in the ‘Syariah Court’. Muslims can choose to go to civil courts or the Syariah Court for certain issues, though for a case to appear in the civil court, both parties must agree or the Syariah Court must grant leave for the civil court to hear the matter. Personal laws are generally fair and equitable for Muslim women, with Muslim women having many of the same rights as men, although there are still some areas of concern about apparent discrimination.

Four key areas of apparent discrimination are:

• Wali: Muslim brides require the consent of their walis to contract a marriage. If a woman’s Wali refuses to give his consent, she can apply for the Registrar to be her wali hakim.
   
• Polygamia: An application for polygamous marriages must be made to the Registry of Muslim Marriages, which will conduct an inquiry on the suitability of the marriage before granting approval or rejecting the application. It is possible for women to restrict polygamous unions through the use of additional taqliq (conditions/promises) in the marriage contract, though this is still not well known. Polygamous marriages contracted outside of Singapore remain a major cause for concern.
   
• Rights to Divorce: Husbands have the right to divorce their wives by pronouncement of talaq, while wives have rights to divorce on grounds of cerai taqliq (breach of marriage condition), fasakh (dissolution of marriage for cause) alebo khul’ (divorce by redemption). In almost all cases where women apply for divorce and are unable to prove a case by fasakh alebo taqliq, a divorce was granted through a hakam procedure. In such cases, the wife does not lose her right to payment of mutah (compensation upon divorce) from her husband.
   
• Inheritance: Inheritance is generally determined according to Muslim rules of inheritance as modified, where applicable, by Malay customs. The following are situations of hardship that have occurred in the distribution of shares:
  • Adopted children who had taken care of their adopted parents receiving nothing;
  • A widow with young children being forced to sell the matrimonial home because the deceased’s brother or father insisted on claiming his share;
  • The son who is a prison inmate receiving more shares than a daughter who had looked after their parents;
  • A widow with young female children receiving fewer shares of the deceased husband’s estate because Baitulmal was granted some shares;
  • The non-Muslim wife and children receiving nothing of the deceased Muslim husband’s/father’s estate;
  • Muslims wanting to renounce Islam so that they are not governed by Muslim inheritance laws, which they perceive to be unjust and unfair.

• Some of the positive areas in the Administration of Muslim Laws Act (AMLA) include:
  • The minimum age of marriage is 18 rokov.
  • The consent of both parties are required.
  • All marriages must be registered, and can be solemnised only by authorised persons.
  • In the division of matrimonial assets upon divorce, the Syariah Court takes into account non-monetary contributions such as looking after the family, domestic work, atď. All wives are awarded at least 30 per cent, while wives who made some financial contribution receive a higher share. All assets acquired during the marriage are included, regardless of who legally owns them.
  • Muslim wives can apply for maintenance in civil courts. Courts take into account actual incomes, earning capacity, and the needs of both parties. The concept of nushuz does not exist in civil law. Maintenance orders can be enforced upon default, including by imprisoning the respondent or deducting his monthly salary.
  • There is a dual responsibility to maintain the children if both parents are working. Fathers of illegitimate children are obliged to maintain their children.
  • In custody and guardianship cases, the guiding principle is the best interest of the children. The Syariah Court increasingly makes joint custody orders; joint custody is the norm and sole custody is the exception in civil courts.
     
• Positive law reform has been achieved, in many cases through the work of NGOs, including:
  • Amendments to the Women’s Charter to offer better protection for victims of family violence.
  • Amendments to the AMLA on the distribution of matrimonial assets upon divorce.
  • Constitutional amendments allowing overseas born children of Singaporean mothers and foreign fathers to acquire Singapore citizenship.
  • Amendments to the Penal Code that removed marital immunity in non-consensual sexual intercourse (rape) in cases under certain conditions that are leading toward divorce.
  • Procedural amendments to eliminate problems with enforcement of Syariah Court Orders.
     
• The Government adopts a ‘non-interference’ approach on issues pertaining to Islamic affairs, so for reform to happen, the Muslim community must advise the Government on what should be done, bearing in mind Singapore’s secular, multi-racial, multi-religious society. If any change or reform is to happen, it must come from within the Muslim community, which provides an opportunity for positive reform.

Zdroj: Report submitted by the Association of Women for Action and Research (AWARE), following a consultation on 11 Novembra 2008 with representatives from eleven organisations, including the Majlis Ugama Islam Singapura, the Association of Muslim Professionals (AMP), Casa Raudha Women’s Home, Darul Arqam, Muslim Converts Association, Singapore Council of Women’s Organization (SCWO), Young Women Muslim Organization (PPIS) and Association of Women for Action and Research (AWARE).

Sharia: Government to act if Dutch law broken

Attempts to practise aspects of sharia (Islamic) law in the Netherlands which involve compulsion, pressure and a misuse of power will be clamped down hard on by the government, justice minister Ernst Hirsch Ballin told MPs on Tuesday.

The cabinet’s job is to ensure that the Netherlands does not develop ‘a parallel society in which people take the law into their own hands or maintain their own legal system which operates outside the framework of our own legal system’, the minister said.

Some aspects of sharia law, such as the differences between men and women and divorce laws, do conflict with key Dutch values and Dutch law will never allow legal polygamy, he told MPs.

Avšak, some form of settling differences about questions of belief and behaviour did not have to conflict with public order, as long as they were entered into voluntarily, the minister said.

Before the summer break, the anti-immigration PVV party had asked Hirsch Ballin to investigate the setting up of sharia courts at some mosques. That investigation is due to be completed next year.

Úver na vyššie uvedené informácie: © DutchNews.nl, 02-09-2009

Zahidul Islam

It is very unfortunate that polygamy in Islam has been a subject of controversy. While a group of scholars has, without going into deep study of the divine rules, preached that Islam has permitted to have more than one and upto four wives without reservation, the other group of scholars has, without paying any thought to the reality of life and society, opined that Islam in effect prohibited polygamy. Consequence is that they have made polygamy in Islam a moot question, which it is really not. Most deplorable state is that without any insights into the polygamy in Islam, some people have begun terming the provisions on polygamy as anti-women and biased to men. Hence here is an attempt to clarify the issues.

It is obvious that unrestricted polygamy was an accepted mode of behaviour during the aiamey jaheliah (period of ignorance). But the scenario changed radically after the Revelation, that is, Sura Nisa of the holy Quran. Verse 3 of Sura Nisa is clear with its provisions that:

“If ye fear that ye shall not be able to deal justly with the orphans, marry women of your choice, two, three or four; but if ye fear that you shall not be able to deal justly (with them) then only one, alebo (a captive) that your right hand possesses. Thus that will be more likely to prevent you from doing injustice.”

This is the verse that contains perfect guidance for the believers that they may marry more than one wife only when they sincerely believe and possess the capacity to deal justly with the co-wives. But where they have an apprehension that it would not be possible for them to do justice as between wives, they are commanded to have only one wife. And this is the approved course of marital life which, as Allah says, will prevent men from doing injustice.

Then the next question is whether a Muslim man possesses the capacity to practice perfect justice as between women. The answer is also present in verse 129 of Sura Nisa. In this verse Allah, who knows the nature of man the best, cautions that ‘you are never able to be fair and just as between women, even if it is your ardent desire’. Hence humans do not possess the ability to practice just dealing of a perfect nature. It is inferable from this verse that monogamy should be practiced as general rule of matrimonial behaviour.

Then what about the polygamy? There are diverse views as to this. The first view is that a male is permitted to have upto four wives with the condition that he should be just between them. The capacity to be perfectly just does not exist in the humans and hence it is impossible for a person to satisfy the condition of doing justice as among wives, Hence polygamy is, in effect, prohibited.

The advocates of the other view point out that the permission to have more than one wife is explicitly provided for and there is no express provision prohibiting polygamy and hence to deny it on the ground that the condition of justice is impossibility is fallacious. They argue that any such interpretation based on the relevant two verses is impermissible because it will mean that the two parts of the Holy Quran suffer from discrepancy which is an impossibility as pointed out by the Quran itself. Thus they reject absolute prohibition of polygamy as a rule of conduct under the Islamic law. They are of the opinion that a person can validly have upto four wives where he has no fear that he shall not be able to deal justly with them. But the person, who does not possess the ability to fulfil this condition but still takes the advantage of this permission, commits a fraud or abuses the Devine Permission. And for this he will be tried by Allah.

Avšak, the most accepted view taken by Islamic jurists and thinkers is that the permission to have more than one wife is conditional, and the condition is to deal with the wives justly. The nature of this condition is such as it is almost beyond the capacity of man to fulfil it. Preto, the permission of polygamy is an exception and not a general rule.

The vital questions at this stage are two. Prvé, in what conditions or under what exceptional circumstances and according to what rules of conduct polygamy may be permitted. Druhý, for what purposes and reasons polygamous marriage is impermissible.

Before answering these two questions it seems necessary to mention the approach of Islam towards marriage. Islam accepts marriage as an essential requirement for the wellbeing of the individual and the society. On the contrary, Islam clearly disapproves celibacy and treats it as an unnatural condition which produces evil. Avšak, it does not regard marriage as inevitable. In the need of individual, family or society, there may be divorce and remarriage; and there are provisions for those. Likewise, Islam provides for polygamy for the better interest of the individual and as well as the society. Following are some specified circumstances when polygamy may also be permissible.

a. If we recall the occasion of the Revelation of the Quranic verse permitting polygamy, we see, it was after the war ‘Uhad’ when the Muslim community was faced with the problem of rehabilitation of many orphans, widows and captives of war. Their treatment was to be governed by principle of greatest humanity and equity. Thus it was commanded that you marry the orphans, widows if you are quite sure that in this way you will be able to protect their interest and property with perfect justice to them. If not, make other arrangement for them. Avšak, it does not mean that this was guidance for that time only. V skutočnosti, it was a rule provided for posterity, since such a situation may be faced by some future nations. Examples are the present Palestine, Bosnia, Afghanistan, Iraq etc.

b. Polygamy may be resorted to in those circumstances in which the purpose of marriage becomes frustrated. Capacity of procreation, care of children, of household affairs, marital sex satisfaction and compatibility of behaviour as between spouses are some of the elements of comprehensive purpose of a marriage. When such purpose is frustrated or not fulfilled because of wife’s barrenness, chronic illness, feeble-mindedness, madness, physical handicaps etc., polygamy may be permitted. The insights into this provision is that if another marriage was not allowed in such circumstances, and monogamy was the only way, then men would become prone to divorce the first wife resulting in throwing her in a more helpless and unsecured state of life.

Now comes a question that when a person practices polygamy in permissible limit, how will he deal with his wives, as it is clear that a man is not capable of doing perfect justice as between women?

Certainly, to escape Allah’s punishment, a person should try his best to do justice as between wives. Moreover, there is a guideline in the holy Quran (Sura Nisa, Verse 129) že: ‘But turn not away (from a woman) altogether so as to leave her (as it were) hanging (in the air).’

It means that where a person practices polygamy within the permissible limits, he should refrain form treating the first wife in a manner which renders her position as that of a woman without husband. Kindness and equity must inform marital relations even in case of a person having more than one wife.

The next point to be discussed here is the purposes and reasons for which polygamous marriage is impermissible. In Islam, protection of chastity and purity of sex life constitutes the basis of marital status. And the holy Quran in different places indicates that lust, lewdness, property, krása, lineage, or status cannot be the motive for seeking a woman in marriage. Thus where any of these constitutes the basis of desiring a polygamous marriage, that will be violation of divine commandments and hence impermissible.

The question that comes here logically is whether the observance of these rules of conduct by Muslims may be left to their freewill or it is the duty of the state. Islamic jurists are of the opinion that Islamic state possesses the jurisdictions and power to take steps so that the injunction of the Quran is followed.

Bangladesh, like many others countries with large Muslim population, does have law, as personal law, to regulate polygamous marriage of its Muslim communities. The relevant portions of that law, i.e., section 6 of the Muslim Family Laws Ordinance 1961, reads as follows:

1. No man, during the subsistence of an existing marriage, shall, except with the previous permission in writing of the arbitration council, contract another marriage …

2. … (such) application form … shall be submitted to the chairman (of the arbitration council)… and shall state the reasons for the proposed marriage and whether the consent of the existing wife or wives has been obtained thereto.

3. On receipt of the application … the Chairman (of the arbitration council) shall ask the applicant and his existing wife or wives, each, to nominate a representative, and the arbitration council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such conditions, if any, as may be deemed fit, the permission applied for.

This law has given the Arbitration Council a wide discretionary power to deal with the issue. Tiež, it has not defined what can possibly be ‘necessary and just grounds’ in this regard. These are why, according to legal experts, this law is prone to be abused. They think it necessary to define the expression ‘necessary and just ground’ with illustrations. Herewith I would like to add that that should be done in light of the rules of conduct provided in the holy Quran. No doubt, that will ensure maximum good to the Muslim individuals as well as the society.

The author is an advocate of Bangladesh Supreme Court, currently working for Bangladesh Legal Aid and Services Trust (BLAST). The views expressed here do not necessarily reflect those of the organisation he serves

 Credit for the above info: The Daily Star.net/law, Apríl 28, 2007, Issue No:17

“Family gathering in rural Siberia, where life can be very hard for women on their own. Photograph: Caroline Humphrey”

A study of polygamy in Russia suggests we have a lot to learn about how to beat the recession.

A study of polygamy in Russia might not seem an obvious place to look for insights into how the financial crisis might play out in suburban Kent or rural Yorkshire. But Caroline Humphrey, Sigrid Rausing professor of collaborative anthropology at Cambridge University, says central Asia and Russia have much to teach us.

“In the 1990s, Russia and central Asia experienced huge economic change: what a bank was, how your career was going, what you could expect from life, everything changed overnight,” she explains. “And of course it had a huge impact on people’s lives, from family life to politics, and polygamy is part of that whole scene. Zatiaľ, we haven’t had such dramatic change in the west, but you never know.”

Humphrey specialises in the anthropology of communities on the edges of the former Soviet Union, and has spent much of her career studying the Buyrat people who live north of the Mongolian border in Siberia. Humphrey says that anthropologists slowly build a deep knowledge and understanding of a place and culture, but nevertheless, her discovery that there is a polygamy lobby was a surprise.

“Friends of mine in Siberia told me that their friends were lobbying parliament to legalise polygamy,” hovorí. “I always knew that there were men who like the idea of polygamy, but what I found fascinating was that women were also in support.”

So is the recession going to turn the good burghers of Tunbridge Wells into polygamists? It’s unlikely. But it remains the case that the reasons why men – and, even more interestingly, women – are advocating polygamy in Russia and Mongolia are as much about economics as they are about sex. The critical issue is demography. The Russian population is falling by 3% a year – and there are 9 million fewer men than women. Nationalists, such as the eccentric leader of the Liberal Democratic party, Vladimir Zhirinovsky, claim that introducing polygamy will provide husbands for “10 million lonely women” and fill Mother Russia’s cradles.

Elsewhere, in the former Islamic regions of Russia, men argue that polygamous marriage is traditional and will encourage men to take greater responsibility – thereby alleviating poverty and improving “moral” education.

Improbably, for both groups, this is polygamy as a solution to contemporary social ills – and, according to Humphrey, is appearing outside Islamic regions. In rural areas the “man shortage”, exacerbated by war, alcoholism and mass economic migration, is even more serious. But when it comes to polygamy, rural women have a quite different agenda from their nationalist male counterparts.

“A lot of women live on what were collective farms, which are often deep in the forest and miles away from the nearest town,” Humphrey says. “You live very close to nature, and life can be very hard – your heating is entirely through log stoves, there’s no running water and inside sanitation is rare. If you are lucky enough to keep animals, you must care for and butcher them yourself. So if you are looking after children as well, life can be near impossible for a woman on her own.”

Perhaps unsurprisingly then, Humphrey’s investigations have uncovered women who believe that “half a good man is better than none at all”. “There are still some men around – they might be running things, with a job as an official, napríklad, or they might be doing an ordinary labouring job, but either way, there aren’t very many of them,” hovorí. “Women say that the legalisation of polygamy would be a godsend: it would give them rights to a man’s financial and physical support, legitimacy for their children, and rights to state benefits.”

Legalising polygamy has been repeatedly proposed and discussed in the Russian Duma, or parliament – and always turned down. For the urbanites of Moscow and St Petersburg it is a step too far.

In Mongolia, príliš, the legalisation of polygamous marriage is anathema. Yet in Ulan Bator, the thrusting capital city, well-educated women are combining traditional and modern to create something that looks suspiciously like a form of polygamy.

Surprisingly, it starts with the dowry. Eschewing the traditional gifts (horses, cushions, clothes), successful Mongolian families are increasingly giving their daughters a good education in place of a dowry. In contrast, their brothers often have to leave school early to either manage the herds or run the family business.

“In Mongolian culture, the bride’s family are the senior family; and a bride should be clever. And they had 70 years of communism, so the idea that women should be well-educated is not new,” Humphrey explains. “Since Mongolia, in common with Russia, also has a problem with alcoholism, there is an imbalance between urban educated women and the number of men these educated women deem to be suitable husband-material.”

The solution is simple: they just don’t get married. Namiesto, they take what is known as a “secret lover” – usually a well-educated man who just happens to be married to someone else. Any children resulting from the union are brought up by their mother and the maternal family.

“It is completely accepted. These women are among the elite of Mongolian society – they might be a member of parliament or a director of a company and they are tremendously admired,” Humphrey says. “They would be horrified by the idea of polygamous marriage because they don’t want to risk their independence.”

So what does this mean for marital relations in Russia and central Asia? Humphrey says it’s unlikely that polygamous marriage will ever be legalised in Russia – but perhaps that doesn’t matter.

“An insufficiency of men, educated women who want to realise themselves, rural women who want to protect themselves, all these things are going to give rise to arrangements like polygyny,” says Humphrey, “whether it’s called that or not.”

Úver na vyššie uvedené informácie: By Mira Katbamna- The Guardian,Utorok, 27 Októbra 2009, guardian.co.uk © Guardian News and Media Limited 2009

Qatar is located in the Middle East peninsula, bordering the Persian Gulf and Saudi Arabia.

Polygamy rate is low in Qatar.

A study has dismissed as “untrue” the notion that polygamy is a prevalent practice among Qataris, pointing out that the polygamous marriage rate has remained at a low level in the last two decades.

The study, which was released by the Population Committee at the General Secretariat for Development Planning, said the number of Qataris who took only one wife ranged from 89% na 96% in the period between 1997 a 2007.

“During the period covered by the study, the trend was neither declining nor rising. This means that polygamous marriages do not signify a social phenomenon in the country,” the study said.

While the number of men marrying two wives accounted for 3.8% na 8.7% during the years covered by the study, it did not exceed 0.3% for those who have taken three or four wives.

Although Muslim men are permitted to marry up to four women simultaneously, Islam makes it obligatory for those who take more than one wife to deal with them justly. And if the husband is not sure about that, then he is ordained to marry one.

Úver na vyššie uvedené informácie: Gulf Times, by Anwar Elshamy, 8/31/09

She worked at the Red Lobster in Times Square and lived with her husband near Yankee Stadium. Yet one night, returning home from her job, Odine D. discovered that African custom, not American law, held sway over her marriage.

A strange woman was sitting in the living room, and Ms. D.’s husband, a security guard born in Ghana, introduced her as his other wife.

Devastated, Ms. D., a Guinean immigrant who insisted that her last name be withheld, said she protested: “I can’t live with the woman in my house — we have only two bedrooms.” Her husband cited Islamic precepts allowing a man to have up to four wives, and told her to get used to it. And she tried to obey.

It’s difficult, but one accepts it because it’s our religion,” said Doussou Traoré, 52, president of an association of Malian women in New York, who married an older man with two other wives who remain in Mali. “Our mothers accepted it. Our grandmothers accepted it. Why not us?"

Polygamy in America, outlawed in every state but rarely prosecuted, has long been associated with Mormon splinter groups out West, not immigrants in New York. But a fatal fire in a row house in the Bronx on March 7 revealed its presence here, in a world very different from the suburban Utah setting of “Big Love,” the HBO series about polygamists next door.

No one knows how prevalent polygamy is in New York. Those who practice it have cause to keep it secret: under immigration law, polygamy is grounds for exclusion from the United States.

The woman is in effect the slave of the man,” said a stylish Guinean businesswoman in her 40s who, like many women interviewed in Harlem and the Bronx, spoke on the condition of anonymity. “If you protest, your husband will hit you, and if you call the police, he’s going to divorce you, and the whole community will scorn you.”

“Even me,” she added. “My husband went to find another wife in Africa, and he has the right to do that. They tell you nothing, until one afternoon he says, ‘O.K., your co-wife arrives this evening.’ ”

Islam is often cited as the authority that allows polygamy. But in Africa, the practice is a cultural tradition that crosses religious lines, while some Muslim lands elsewhere sharply restrict it. The Koran says a man should not take more than one wife if he cannot treat them all equally — a very high bar, many Muslims say.

It’s not life, your man sharing a bed with another woman,” Ms. D. uvedený. “You’re always thinking in your head, ‘does he love me?’ ”

Such stories of polygamy, New York style, are typically shared by women only in whispered conversations in laundries and at hair-braiding salons. With no legal immigration status and no right to asylum from polygamy, many are afraid to expose their husbands to arrest or deportation, which could dishonor and impoverish their families here and in Africa.

Úvery pre vyššie uvedené údaje: New York Times by Nina Bernstein/2/23/07

Čítal som o mnohoženstva vo Švajčiarsku na http://dictatorprincess.wordpress.com/some-thoughts-on-the-legal-aspects-of-polygamy-in-switzerland-for-foreigners. Aj keď trochu zdĺhavý, je to veľmi zaujímavé, tak som myslel bych zdieľať:”Čítal som judikatúry, keď som nudil… Musím predslov to tým, že nie som právnik, a to nie je právne poradenstvo. Avšak, Chcem zdieľať moje chápanie súčasnej právnej situácie vo Švajčiarsku. Pretože sa jedná o horúcej tému v moslimskej komunite, Rád by som, aby po následnom ako verejnú službu, aby všetky tie nabubřelý Brothers len hynúce splniť Sunnah. Nevadí celý modlí, jesť Halal, pôst ramadánu veci (viete, že fard veci), bratmi, ktorí milujú túto časť Sunnah a zvažujú polygamie vo Švajčiarsku, To je pre teba:

Nechcem do IT, Získate chytil, A bude to škaredé. Dokonca aj keď sú jedna veľká šťastná rodina.

Aj keď nie som debatujú o prípustnosti polygamii v islame… Dám trochu na zamyslenie o vládnuceho jurisprudence vo Švajčiarsku. A keď už hovoríme len umieranie plniť Sunnah verím v nasledujúcich Sunnah z týchto právnych predpisov krajiny, v ktorej žijete. Rovnako:

Podľa švajčiarskeho práva, polygamia je mnohoženstvo. Ak ste sa narodil švajčiarsky občan nie je veľa, čo sa stane, aby vás mali by ste zapojiť do tejto Sunny, ako eventuálne sociálne alebo daňové podvody ... No a straty opatrovníctva svojich detí. Avšak, Ak ste zahraničné brata, aj keď sa nestaráte o zákonoch koofaar, Nasledujúce mohol dať príležitosť k twist fúzy bit:

Ak ste naturalizovaný muža, ktorý je švajčiarsky sobášom a budete zmluva druhej islamskej manželstvo, kým manželstvo so švajčiarskou manželkou, ktorá "naturalizovaný" Ty a orgány zistiť o ňom, ONI SA STRIP vám vaše švajčiarske občianstvo a kopať YOU von z krajiny. Právne dôvody stripping vám vaše občianstvo je to, že ste prišli o občianstvo, nelegálne, pretože ste porušil svoju prísahu, aby svojmu partnerovi, a Porušil si sľub, aby obce, kantón a krajiny dodržiavať jeho zákony a polygamia je v rozpore so zákonom. Ako to, že pre koofaar zákon?

Takže ak ste prvá žena a váš manžel sa snaží točiť, že sa oženiť sestru získať dokumenty, ktoré majú vytvoriť lepší život pre všetkých, to sa nestane. Nie je tu… Ak to nie je "podvod", manželstvo, ale pravda, milujúci p manželstva, Veľa šťastia dostať susedov nesmie byť zvedavý, Veľa šťastia nie chytiť, keď "rozdeliť svoj čas", Veľa šťastia odôvodniť, prečo posielate peniaze na tej istej osobe, ktorá nie je z právneho hľadiska v súvislosti s vám každý mesiac ... ak tam je najmenšie podozrenie, že druhý vzťah je viac než len pre deti, alebo že prebieha- uhádnuť, čo? Orgány predpokladať, že nie ste vážne vaše prvé manželstvo, čo znamená, že nemusíte vypĺňať, alebo pokračovať vo vyplnení požiadavky pre pokračujúce pobyt vo Švajčiarsku, alebo ak máte naturalizovaný, znamená to, máš naturalizácie keď ste sa flákat. Čo znamená, že ako povolenie na pobyt a občianstvo môže byť preč…Aj keď sa brat snažia robiť svoju prácu podľa Sunnah, Aj naďalej sa môžete väznený pre p. V skutočnosti, jediný spôsob, aby sa nedostala väznený pre p je pre brata, aby sa robiť svoju prácu tým, manželka mu nie je právne ženatý. Č peniaze, žiadny kontakt, nie je čas. Cool jo? Nie.

Bez ohľadu na to, aké sú vaše osobné názory sú, Švajčiarska očakávajú, že budete sledovať švajčiarskeho práva. To je krajina, kde súkromné osoby revať na vás neopatrnej prechádzaní ulice. Aj keby sa brat na p manželstva spočíva hovorí na polícii, "Ach, že druhá manželka? Je to len moja priateľka, tomto druhom manželstva vec je len kultúrne, takže sme mohli urobiť "- tento argument neplatí na súde tu. Obdobie. (Čo bratia, si myslíte, že nikto nikdy nenapadlo povedať, že pred? To bolo vlastne v jednom z rozsudkov).

Povedzme, že veci nejdú na juh, a manžílek našiel pekný švajčiarsky dáma, ktorá miluje a miluje zapojenie do Sunnah. No dobrá pre každého. Ale jestli informátora volania polície hovoria, že ste "bigamists"- Nezáleží na tom, či je v poriadku s ním, alebo nie. Prípad bude vyšetrovanie a trestné stíhanie nezávislého na stranách. To by mohlo byť svojim rodičom, svojich susedov, svojho šéfa. Tak žijú v rovnakom byte sa chystá zvýšiť eybrows, a ak váš manžílek sa snaží rozdeliť svoj čas spravodlivo (ktoré nikdy zdá sa, ale whatevs)- uhádnuť, čo? Je tu vždy aspoň jedného suseda, ktorý oznámenie, kto je alebo nie je prichádzali a odchádzali. A čo keď švajčiarsky co-žena mama nemá rada, a volá policajtov? Rovnaký výsledok.

Bigamists, vtedy, keď sa dostanem stíhaný (a ak sú cudzie, skôr, než sa dostať vyhodili z krajiny), sú zvyčajne stíhaný pre podvod sociálnej starostlivosti. Guess what, ženy sú strany príliš! Čo je dôvod, prečo som povedal vyššie- druhý váš manžílek začne hovoriť p, Ak máte akýkoľvek druh sociálnej pomoci, GET právnik, takže nemusíte ísť do väzenia za podvody a dostať vykopnutý z krajiny a oddelení od svojich detí.

Nedovoľte, aby bratia stratiť zo zreteľa túto veľmi dôležitú skutočnosť,. Na Poďme však strácať zo zreteľa základný tu: zatiaľ čo my sme "po islam" Pamätaj, že keď sa svadbou, prúdu sunnitských myslel, že si si s úmyslom vydávať navždy. Manželstvo na dobu určitú dobu nie je dovolené v bežných sunnitského islamu, a ak si vziať niekoho s plnou zámerom byť dočasne, budete zodpovedať Alláhovi SWT.

Osobne si myslím, švajčiarskeho judikatúry je rasistický, pretože nič sa skutočne deje na švajčiarskej bigamists (trochu svetla väzenia prípade, že ... oh a ak budete počítať stráca opatrovníctva VAŠE DETI) a tiež preto, že si ženy a deti poslaný späť do Späť domov, ak človek rozhodne "zapojiť do Sunnah", ale môžem vám zaručiť, že prílev sa zdá byť sústruženie a človek si myslí, že vo Švajčiarsku dvakrát asi snažia oblafnúť na nikoho. Jedným z hlavných prípadov, ktoré sa idú do spolkového súdu podieľajú imám vykonávajúcich čo vedel, že druhé manželstvo. P Dude, namiesto toho, ako sa dostať trochu viac koristi, dostala jeden lístok späť domov…Reputable imams in Switzerland do not do a nikah without a Swiss family book. Č Imam, kto chce mať svoje mešity alebo mešita otvorená bude to urobiť tu. Zatiaľ čo tvrdenie môže byť, že švajčiarske sú trochu hardcore pre tento, Myslím, že USA a mnoho ďalších krajín, bude doručený robia to isté, prinajmenšom v krátkodobom horizonte, preto, že som unavený vidieť sestier zranenia podľa ignorant bratia a ignorant "tak-zvané" imámov.

To sa stalo, že tretia strana môže zavolať AP manželstvo v tejto krajine. Takže aj keď idete do toho plne vedomá, a tvoj manžílek je na palube a vaša spolupráca manželka je na palube, a imám je na palube a vy ste jedna veľká šťastná rodina P, veci môžu ísť na juh tu legálne spôsobom ste nikdy predstaviť, a vy, či už ste prvou ženou, alebo druhú ženu, môže uviaznu v akejkoľvek zlé rozhodnutie svojho manžela robí a výsledkom môže byť priepastný rozdiel vo vás a blahobytu svojich detí… p je jednoducho nestojí za to tu. I s najlepšími úmyslami, aj so všetkými stranami sú na palube, a to za všetkých veľkých lásku až tam, úrady jednoducho tolerovať, a trvá len jeden boj, jeden zvedavý sused, jeden MIL nie je spokojní so situáciou na neporiadok všetko až.

Vyššie uvedené sa od http://dictatorprincess.wordpress.com/some-thoughts-on-the-legal-aspects-of-polygamy-in-switzerland-for-foreigners

No Rights for Sharia Wives

Dagestani women who enter into polygamous marriages risk losing everything – even their children – when their husband tires of them.

By Polina Sanayeva in Makhachkala

Madina thought that she had married well. The educated and worldly Dagestani woman was thrilled with her husband – a wealthy man with a large house – and thought nothing of it when he asked her to marry him in a mosque, instead of at the local registry office. The latter was “all just rubbish, paper”, povedal. So Madina gave up her job, was a housewife for three years and tried her utmost to be her husband’s idea of a Muslim wife.

But her husband, seemingly, had other ideas. His preference for a mosque wedding apparently stemmed from an intention to take a second wife – which is permissible under Sharia law.

“I slaved for the family, to put it bluntly. But my husband decided to marry again. I was not ready for this turn of events and I told him so. Then he showed me the door. And no one supported me. I went to live at my grandmother’s house. Some time later, my former husband took my daughter away from me,"Preniesla.

The court battle for custody of their daughter is still going on, although Madina says that she has no more money or strength to contest it. Her husband bribed the judge and presented false documents claiming that she had treated the little girl badly, she claims. The child now lives with her former husband’s new wife and Madina, aged only 32, says that she has no energy to start a new life.

Madina is one of hundreds of women to suffer as a result of a growing trend in Dagestan – men taking advantage of their Muslim status to take a second or even third wife, even though polygamy is forbidden under Russian law. V dôsledku toho, these “Sharia wives” have few rights in the secular republic.

Until recently, only Dagestan’s wealthiest men with high social status took second wives, as it was thought that they “could permit themselves” to do so from an economic and ethical point of view. Avšak, many other men have also chosen to ignore the official registry office and marry according to Sharia law, and this practice has spread widely. While more optimistic religious figures link this phenomenon to the growth of Muslim self-awareness among Dagestanis, sociologists, psychologists and also representatives of Islam are choosing to see it as the result of a decline in morals.

While imams at mosques in the Dagestani capital Makhachkala say that almost all couples who marry there do so before or after their official registration, there are others who go to the registry office only under pressure from their families, as it is more important for them that their marriage is blessed by Allah. V dôsledku toho, some believe that a Sharia marriage is the only necessary form of legalised matrimonial relations.

But in many cases, the process of taking new wives is only indirectly related to religion.

“Modern Dagestan citizens who come to Islam by tradition are what are called ‘ethnic Muslims’,” said one young man who describes himself as a fundamentalist. “They allow themselves to be Muslims only when it is convenient for them. Napríklad, they drink and smoke quite readily, despite the prohibitions that are clearly set out in the Koran. It is also convenient for them to take a second wife and they do so, saying that their religion allows it.”

Many religious young women readily agree to be second Sharia wives in spite of their poor status compared to an officially registered first wife. Husbands tend to treat their second wife with less respect than their first, and such unions are often kept secret from the husband’s relatives and his first family.

Irina Rudakova, head psychologist at the Genesis crisis centre for women, which has been working in Makhachkala for five years, uvedený, “At the moment, the chance of taking a second wife for a man is a convenient, socially acceptable form of legalised relations, which are more properly categorised as extramarital.

“The problem is that for women who marry in this way, nothing changes in their relations with the man after they are formally married. They remain in an illegal or semi-legal position, which does not give them any more stability or social protection. And if the marriage breaks up – usually on the initiative of the husband and his family – the woman has no chance to defend her rights. At any rate, it is useless to appeal to the state.”

Avšak, many specialists agree that the psychological discomfort and social infringement of marriage rights is nothing in comparison with what women have to endure when their Muslim husbands literally throw them out on the street.

“I am in favour of polyandry – where a woman marries more than one man – and I am happy with the Russian constitution, with its declaration of the equal rights of men and women. But these local ‘Sharia marriages’ are a big deception by men,” said publicist Svetlana Anokhina.

“Men ignore their obligations. If a Sharia husband gets sick of his wife, he throws her out, and this is still considered a disgrace for the woman – as if it’s her fault! It’s like something out of the Middle Ages.”

Amina was still a student when she married a man older than herself. She says that she decided to become a second wife primarily because of the so-called economic factor – her husband was wealthy – and did so against her parents’ wishes. Amina lived separately from her husband, in an apartment registered in her name, and did not work, partly because she had given birth to a daughter, and partly because her husband’s wealth made it unnecessary. But before long her husband had gently but insistently forced her out of the apartment, and then broke off relations with her. “He got tired of pressure from his family who never accepted me as his lawful wife,"Preniesla.

Unable to return to her parents’ home, Amina and her daughter lived with a friend for six months while she looked for work. She now works as a house painter and rents a small apartment. Only 25-years-old, Amina has the air of one who is already used to surviving adversity.

The lack of any legal mechanism to regulate relations within a Sharia family can also cause problems for first wives as well as for the second. Women in Sharia marriages usually spend many years not working, and live a closed-off life. Therefore if the husband withdraws his care of her, she feels completely helpless. With no rights, she cannot approach the state for help in making the husband respect his obligations, and a lawyer can only advise that the Sharia wife is in fact a mistress in the eyes of the law.

The Dagestan legal code does contain provisions for a Sharia wife to claim property that was acquired jointly with her husband. Ale, in practice, such women have not been able to successfully do so in court, and lawyers do not take on such obviously difficult cases – too many conditions need to be observed, and there are too many factors working against them.

This runs contrary to the principles of Islamic law, which gives a wife more rights than her husband in a marriage, and the legislation of the secular state which stresses equality of the sexes.

“Men who take their obligations seriously do not marry second wives very often, and they treat their first marriage very seriously,” said Islamic law specialist Idris Magomedov. “In a real Sharia marriage, all the responsibility for the woman, for the family and the children, lies fully with the man. His obligation is not just to fully provide for his wife financially, but to make sure that his wife is healthy and happy.”

And indeed some Dagestan women have never been happier than within a Sharia marriage. Aishat used to be called Alyona before being persuaded by her husband to convert to Islam. The Russian woman is now a Muslim, has been married for eight years, and has three children. She wears a headscarf and long dresses, as is proper, with only her face and wrists visible. “I gained peace and faith. I now have many new friends. I believe that they are all my new Muslim family,"Preniesla.

Magomedov, who has made a scientific study of the issue of mnohoženstvo v Dagestan, said that many religious Dagestani men remarry because they are unhappy with a first wife who does not wish to adhere to religious principles – for example, wearing Islamic clothing, praying five times a day and observing fasts. They marry women who fully share their beliefs.

According to political scientist Ruslan Kurbanov, “I see a solution in creating a Sharia court. In a secular society this is also possible, and a precedent already exists. Napríklad, v [the Canadian province] of Ontario [such a court] has existed for a long time and with the permission of the authorities.

“Most of the people who so readily marry second wives do this out of an ignorance of Islam. The basis of the requirement laid out in the Koran is fair and equal treatment of wives by the husband.”