Divorced Muslim Woman Entitled To Alimony Not Just Till The Completion Of The ‘Iddat’ But For Remainder Of Life: Allahabad HC
New Age Islam News Bureau
05 January 2023
• Iranian Actor Taraneh Alidoosti Jailed For Her Support To Mahsa Amini Protest Released On Bail: Media
• Dubai Woman, Tima Deryan, Climbs All Seven Summits
And Skis To South Pole
• Australia Arrests Mariam Raad For Entering Islamic
State Area In Syria
• Turkey’s State Religious Body Says Women Cannot
Travel Alone
• Fifa Must Provide Hope By Recognising Exiled
Afghanistan Women’s Football Team
Compiled by New Age Islam News Bureau
URL: https://newageislam.com/islam-women-feminism/divorced-muslim-alimony-iddat/d/128807
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Divorced Muslim Woman Entitled To Alimony Not Just Till The Completion Of The
‘Iddat’ But For Remainder Of Life: Allahabad
HC
Photo: The Daily Guradian
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5th January 2023
Prayagraj: In a landmark ruling, the Allahabad High
Court on Wednesday said a Muslim woman has the right to receive maintenance
from her divorced husband not just till the completion of the ‘Iddat’ period,
but for the rest of her life.
The alimony should be such that she can live the same
life as she had been living before the divorce, the court ruled.
‘Iddat’ is a custom that bars Muslim women from
stepping out and meeting relatives for four months following the death of their
husbands.
The court set aside the order of the Principal Judge
Family Court, Ghazipur, granting alimony only till the ‘Iddat’ period, terming
it illegal. It said the Ghazipur court had given the order without properly
perusing the statutory provisions and evidence.
“Under Section 3(3) of the Muslim Act, 1986, an order
can be passed directing the former husband of the divorcee to pay to her such
reasonable and fair provision and maintenance as deemed fit and proper having
regard to needs of the divorced woman, her standard of life enjoyed by her
during her marriage and means of her former husband,” the court observed.
“The word “provision” used in Section 3 of the Muslim
Act, 1986 indicates that something is provided in advance for meeting some
needs,” the court said.
“In other words, at the time of divorce the Muslim
husband is required to contemplate the future needs and make preparatory
arrangements in advance for meeting those needs,” the court said.
“Reasonable and fair provision” may include provision for
her residence, her food, her cloths, and other articles,” the court said.
“In the case of Danial Latifi and another (supra), in
Para-28, Hon’ble Supreme Court has fairly interpreted the provisions of Section
3 with regard to fair provision and maintenance and held that “it would extend
to the whole life of the divorced wife unless she gets married for a second
time,” the court observed.
The court observed that Section 4 deals with the Order
for payment of maintenance, — Notwithstanding anything contained in the
foregoing provisions of this Act or in any other law for the time being in
force, where a Magistrate is satisfied that a divorced woman has not re-married
and is not able to maintain herself after the iddat period, he may make an
order directing such of her relatives as would be entitled to inherit her
property on her death according to Muslim law to pay such reasonable and fair
maintenance to her as he may determine fit and proper, having regard to the
needs of the divorced woman, the standard of life enjoyed by her during her
marriage and the means of such relatives and such maintenance shall be payable
by such relatives in the proportions in which they would inherit he property
and at such periods.”
The HC said under Section 3(2) of the Muslim Women
(Protection of Rights on Divorce) Act, 1986, a divorced woman can file an
application for maintenance from her ex-husband before a magistrate.
The court ordered the magistrate concerned to pass an
order in three months on alimony, and it then, it ruled that the ex-husband
will pay an interim alimony of Rs 5,000 per month to his divorced wife.
The judgment, in favour of the plea by Zahid Khatoon,
was delivered by a division bench of Justice SP Kesarwani and Justice MAH
Idrisi.
The HC made it clear that a Muslim woman was entitled
to maintenance from her ex-husband even after the customary ‘Iddat’ period.
If she is not being given maintenance, she has the
right to approach the magistrate, the court said in its judgement.
Zahid Khatoon wed Noorul Haq Khan on May 21, 1989.
After their nikah (marriage), the husband got a job in a post office.
However, he divorced his wife on June 28, 2000, and
got married a second time two years later.
His ex-wife filed an application under Section 3 of
the Muslim Women Protection Act before the Judicial Magistrate, Junior
Division, Ghazipur. The case was transferred by the district judge to the
Family Court.
She also filed an application under Section 125 of
CrPC. During the hearing for the same, the magistrate ordered the ex-husband to
pay her Rs 1,500 per month till the period before the divorce.
The revision petition filed, challenging the order,
was dismissed and there was no petition filed against the same.
The family court, after examining the evidence and
testimony, ordered the ex-husband pay Rs 1,500 monthly for a period of three
months and 13 days.
Source: Siasat Daily
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Iranian Actor Taraneh Alidoosti Jailed For Her Support To Mahsa Amini Protest Released On Bail: Media
Iranian Actor Taraneh
Alidoosti
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04 January ,2023
Iranian actor Taraneh Alidoosti, jailed for almost
three weeks over her support for the country’s protest movement, was released
on bail on Wednesday, local media reported.
Iran has been gripped by protests since the September
16 death in custody of Mahsa Amini, an Iranian Kurd who was arrested for allegedly
violating the country’s strict dress code.
Iranian authorities say hundreds of people, including
members of the security forces, have been killed and thousands arrested in what
they generally describe as “riots.”
Alidoosti, 38, was arrested on December 17 after
making a string of social media posts supporting the protest movement --
including removing her headscarf and condemning the execution of protesters.
“My client was released on bail today,” lawyer Zahra
Minooee told ISNA news agency Wednesday.
Alidoosti has considerable international renown,
performing in award-winning films by director Asghar Farhadi, including the
Oscar-winning 2016 film “The Salesman.”
Celebrities and rights groups abroad had called for
her to be freed.
Iran’s Shargh newspaper published pictures on Telegram
showing Alidoosti purportedly after her release from the Evin prison in
northern Tehran.
Alidoosti is seen smiling as she talks on a mobile
phone while holding a bouquet of flowers, surrounded by supporters, according to
the paper.
Source: Al Arabiya
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Dubai Woman, Tima Deryan, Climbs All Seven Summits And
Skis To South Pole
Nick Webster
Jan 05, 2023
In the latest stage of her seven-year voyage of
discovery and adventure, Tima Deryan has skied to the South Pole – another
mammoth step towards becoming the first Arab woman to complete what is known as
the Grand Slam of mountaineering.
The Explorer’s Grand Slam, often referred to as the
Adventurers’ Grand Slam, is the challenge to complete the Seven Summits, the
highest peak on each continent, and ski to the North and South poles.
Not content with wrapping up the Seven Summits
challenge, Ms Deryan ― from Lebanon ― skied to the South Pole on December 16.
With a North Pole ski now firmly set in her sights and
an expedition there planned for April, her childhood dream of becoming the
first Arab woman to complete the full set of challenges is within touching
distance.
According to Explorer’s Grand Slam website, about 73
people have completed the challenge, of which fewer than 20 are women.
This makes Ms Deryan’s ambitions for 2023 an extra
special entry into the history books.
“I have been climbing since 2016 and have always been
into extreme sports,” she said. “Living in the UAE encourages you to try new
things, so I have done scuba diving and sky diving.
“I was working in finance in Dubai when I listened to
a motivational speaker talk about Everest.
“It reminded me of my dream when I was 14 years old
when I flew over Everest with my family, and I told them I wanted to come back
to climb it one day.”
Tima Deryan's adventure journey
Ms Deryan, 30, started by climbing the highest peak in
Europe, the 5,642m Mount Elbrus in the western Caucasus mountains of Russia in
2016.
That ignited a passion for climbing around the world
and a dream to conquer all seven summits on each of the continents of the
world.
They include the highest, Mount Everest in Asia
(8,850m); followed by Aconcagua in Argentina, South America (6,962m); Denali ―
also known as Mount McKinley in Alaska, North America (6,190m); Kilimanjaro in
Tanzania, Africa (5,895m); Puncak Jaya or Mount Carstensz in Indonesia, Oceania
(4,884m) and Mount Vinson in Antarctica (4,892m).
“Not a lot of people have done that, but it made me
want to extend my challenge further by skiing to the North and South poles,” Ms
Deryan said.
“I completed the ski to the South Pole while I was in
Antarctica and now I hope to complete the other leg of the ski in April to
become the first Arab woman to finish the challenge and only the 17th woman
overall.
“It was very costly, but I saw it as an investment in
myself.”
After the climbing began in 2016, on December 16 she
completed the penultimate leg of her challenge, a South Pole ski.
Each challenge involved a different support team with
specialist local knowledge to ensure the climb continued safely.
A planned journey to the North Pole will take Ms
Deryan to a latitude of 90° north, where all meridians of longitude meet and
the only direction is south.
It is found in the middle of the Arctic Ocean in
frozen waters 4,000m deep that are covered with constantly shifting sea ice
about 3m thick.
“The mental fortitude and physical side is one thing,
but funding these trips is also a challenge. It is important to go after your
passion,” she said.
“Antarctica was like landing on the Moon. Once you
land there, it is so beautiful, but also so empty with just research centres
and continental outposts.
“Frostbite was a constant threat and you can never get
warm. You learn to live with the cold.
“You hike, trek or ski for 10 hours a day and camp
anywhere you can ... it is the same scenery every day.
“Every hour we would take a 12-minute break to rehydrate,
we were exhausted so we had to load up on fat and sugar after each day.
“The wind could reach 40 knots and it would be minus
50°C on some occasions, so it was very challenging making camp each night after
pulling a 45kg sledge during the day.
“My aim is to represent the image of a strong Arab
woman around the world and show what we can do.
“My freedom was not easy to take and I have broken
through barriers to do what I want to do.
“Hopefully I can help people to change their
mindsets.”
Source: The National News
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Australia Arrests Mariam Raad For Entering Islamic
State Area In Syria
January 5, 2023
SYDNEY, Jan 5 (Reuters) - Australian police arrested a
woman on Thursday on charges of entering and remaining in areas of Syria
controlled by Islamic State, just over two months after the government
repatriated 17 relatives of dead or jailed members of the group from Syria.
Federal and New South Wales state police from the
Joint Counter Terrorism Team arrested 31-year-old Mariam Raad after searches at
Parklea, a suburb of Sydney, and the town of Young, about 270 km (170 miles)
southwest of the city.
The police forces said in a statement there was no
threat to the community.
"Individuals will be brought before the courts
when evidence supports allegations that returned individuals have committed
offences in conflict areas," Australian Federal Police Acting Assistant
Commissioner Counter Terrorism and Special Investigations Command Sandra Booth
said in the statement.
Police allege Raad willingly travelled to Syria in
early 2014 to join her husband, who was a member of the Islamist militant
group, fully aware of his activities. Police said her husband is believed to
have died in Syria in 2018.
It is an offence under Australian law to enter and
remain in areas where the government has declared "a listed terrorist
organisation is engaging in a hostile activity". The offence carries a
penalty of up to 10 years in jail.
Court officials told Reuters details of Raad's legal
representative would be released shortly.
Court records listed a case with the name Mariam Raad
on Thursday in Wagga Wagga, a town about 380 km (235 miles) southwest of
Sydney. Police said she would appear in court via video link.
Raad returned to Australia in October last year from
the Al Roj refugee camp in Syria, the police statement showed. That was the
same month that 17 women and children related to dead or jailed Islamic State
fighters were repatriated from the camp.
Police did not confirm if Raad was among those
repatriated though media reported that she was.
Police said the investigation began while Raad was in
Syria and continued after her return to Australia, with newly obtained evidence
leading to the charges.
Source: Reuters
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Turkey’s state religious body says women cannot travel
alone
by Arzu Geybullayeva
5 January 2023
Speaking on a television channel Diyanet TV, Zeki
Sayar, Advisor to the Presidency of Religious Affairs, said in a controversial
remark, “unless women are accompanied by their sons or husbands, it is
inappropriate that they travel alone for a distance further than 90km.” The
fatwa is not the first time Turkey's state religious body has explicitly gone
after women and their freedoms. In the past, the body criticized women for
their appearance, encouraged women to accept domestic violence, and even
claimed that boys and girls who have reached puberty are eligible for marriage.
The institution's director, Ali Erbaş, blamed homosexuals and adulterers for
the COVID-19 pandemic and glossed over the state's failure to take safety
measures at the start of the pandemic.
The rise of Diyanet
The Religious Affairs Directorate, or Diyanet, is
Turkey's main religious body responsible for coordinating most of the religious
activity for the country's Muslims — including, overseeing state-run mosques,
appointing imams, circulating weekly sermons ahead of Friday noon prayers, offering
Koranic courses, and arranging pilgrimage trips to Mecca, among other duties.
Established in 1924, the directorate's role in the
country has significantly grown over the years, especially under the leadership
of the ruling Justice and Development Party. In addition to a large budget,
Diyanet has successfully managed to blur the lines between the state and
religion. In September 2021, Erbaş appeared at the opening ceremony of a new
court complex and accompanied President Recep Tayyip Erdoğan on a trip to New
York, where he blessed a new building that would house Turkish diplomats. In
2021 Erbaş suggested that citizens’ social media usage should be controlled to
align with Islamic values.
The Diyanet Foundation oversees Diyanet TV, the
directorate's very own television channel, as well as an Islamic university.
According to the foundation's website:
Attacks on women
Over the years, Diyanet's representatives have
targeted women over their appearance, sharing “do's” and “dont's” for
femininity, and publically disparaged women.
In 2008 in an article published on the directorate's
website, a series of “recommendations” outlined how women should and should not
behave. Women “have to be more careful, since they possess stimulants; [women]
have to be covered properly so as not to show their ornaments and figures to
strangers; [women] should speak in a manner that will not arouse suspicion in
one's heart and in such seriousness and dignity that they will not let the
opposite party misunderstand them.” The article, titled “Sexual life,” also
encouraged unmarried couples not to be seen in public together; for women to
avoid working in mixed-gendered workplaces, and claimed it was “immoral” for
women to wear perfume outside of their homes.
Over the years, criticism of women reached a new high.
Last year, a member of the directorate's high council said it was unacceptable
for women to wear tight pants in public. In another example, an Imam from
Ankara complained that women looked like “meat in butcher shops” while walking
on the streets. Another Diyanet official called on fathers, brothers, and
husbands to advise and lead their women in covering themselves. “A Muslim
stance is needed. (They) have started to open up all their covers, violate the
limits and commit harams. A Muslim would not do this,” the official reportedly
said.
In 2020, in a series of fatwas, the mufti office of
Diyanet advised women who feared violence at home to consult with elders and
sweet talk to their husbands over tea. In 2019 İhsan Şenocak, the founder of
the Scientific and Intellectual Research Center (IFAM), a religious association
in Turkey, delivered a sermon in which he reportedly said, “daughters, wives,
wearing pants, going to universities, and getting their eyebrows done, will end
up in hell.” Şenocak also criticized Turkey's national women's volleyball team
over their appearance during Tokyo Olympics in 2021.
But it is not only Diyanet that has been vocal in
criticizing women. Erdoğan himself has made plenty of controversial statements
in recent years, including suggesting men and women are not equal, that women
must be mothers, and that families must have a minimum of three children, while
the ruling party has proposed limiting abortion rights, the morning-after pill,
and cesarean sections. In 2012, then-prime minister Erdoğan equated abortion to
murder. And although pregnancy terminations are still legal in Turkey until the
10th week of pregnancy and up to the 20th in cases of medical risk, finding
hospitals that will carry out the procedure has become practically impossible.
In 2014, Erdoğan accused feminists of not
understanding motherhood. Speaking at a summit in Istanbul, he reportedly said,
“Some people can understand this, while others can’t. You cannot explain this
to feminists because they don’t accept the concept of motherhood.” He has also
said that gender equality was “against human nature” and that working women
were “deficient.”
In 2021, Turkey officially withdrew from the Istanbul
Convention, a legally-binding human rights treaty of the Council of Europe
pledging to prevent, prosecute, and eliminate domestic violence and promote
gender equality.
The directorate's recent fatwa about travel
restrictions drew significant criticism. Journalist Bulent Mumay tweeted that
the new restriction did not seem to prevent Erbaş's wife from traveling across
Turkey unaccompanied by her husband. Writer Yilmaz Özdil criticized the
directorate's lack of general knowledge in his column, writing, “until 200
years ago, the concept of meters did not even exist. This man traces the
kilometer [distance] on the beginning of Islam!” The author also referred to
prominent Turkish women, from the country's first race driver in 1932 to its
first pilots, engineers, mountaineers, and astrophysicists. And yet wrote the
author, despite it being 2023, “Diyanet's boundaries are restricted to 90
kilometers.” Others have likened this kind of mentality to that of the Taliban.
In 2021, Afghanistan's Taliban banned women from traveling the distance no
longer than 72 kilometers alone.
Source: Global Voices
https://globalvoices.org/2023/01/05/turkeys-state-religious-body-says-women-cannot-travel-alone/
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Fifa must provide hope by recognising exiled
Afghanistan women’s football team
Khalida Popal and Malala Yousafzai
5 Jan 2023
Now that teams, fans and sponsors have left Qatar,
Fifa is turning its attention to the Women’s World Cup in Australia next July.
World football’s governing body is hoping for a smoother event, where people
can watch matches and “have a moment where we don’t have to think about this”,
as its president, Gianni Infantino, said, referring to the uproar over human
rights abuses and player protests in Doha.
Perhaps that’s why Fifa has so far ignored pleas from
the Afghan women’s national team to officially recognise their players. Since
August 2021, the athletes and coaches have been living as refugees after a
harrowing escape from their country, where they feared they would be arrested
or killed as members of a well-known women’s team in Afghanistan.
They were right to be afraid. The Taliban quickly
forbade women and girls from playing sports and, weeks after they came to
power, reportedly beheaded a member of the national volleyball team. Last
month, they banned women from all gyms and parks, even those designated as
single-sex spaces.
The Taliban’s war on women goes beyond sports and
recreation. They have prohibited adolescent girls from going to school for more
than a year and less than two weeks ago kicked women out of all universities
across the country. A few days later, they decreed that women were not allowed to
work in local and international humanitarian organisations.
As the Taliban erases women from all public life, the
Afghan women’s football team players remain symbols of courage and resistance
for their country. Most of the team now live in Australia, where they train for
an uncertain future. After losing their homes, livelihoods, and many friends
and relatives, the women are determined to keep their team together.
The trauma of their escape from Afghanistan and the
struggle of adjusting to an unfamiliar country, learning a new language and
finding jobs weigh on them. Players have experienced recurring nightmares,
trouble sleeping and depression. On the pitch, however, they smile, shout and
celebrate every goal with wild enthusiasm.
Source: The Guardian
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