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misterkodak

Joined: 04 Apr 2003 Posts: 166 Location: Neither Here Nor There
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Posted: Sun Jul 05, 2009 9:11 pm Post subject: |
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| I'd say the non-muslim lady married to the muslim man won't face as many problems here as say a muslim lady married to a non-muslim man. |
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bedwiya
Joined: 24 Jan 2003 Posts: 66 Location: Kuwait
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Posted: Sat Dec 26, 2009 5:37 pm Post subject: Religion classes |
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| I taught k-12 in Kuwait for many years. Children of Muslim fathers were automatically put in daily religion classes, even if one or both of the parents were not religious. The only kids I knew who could get out of the class were foreign kids who had parents that were both non-Muslim. Apparently it used to be easier to have the child removed if the Kuwaiti father came in and signed some papers saying he didn't want his child to attend the class, but times have changed. Now it is almost impossible, unless some major wasta is used. Although we did have some Kuwaiti Christians at our school - don't know what they did with those kids...would be interesting to find out. |
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scot47

Joined: 10 Jan 2003 Posts: 15343
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Posted: Sun Dec 27, 2009 4:01 am Post subject: |
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| Kuwaiti Christians ? There cannot be many of them ! |
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bedwiya
Joined: 24 Jan 2003 Posts: 66 Location: Kuwait
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Posted: Sun Dec 27, 2009 8:15 pm Post subject: Kuwaiti Christians |
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| There are about 150-200 Kuwaiti Christians here. In fact, this father was a pastor - wore a little white collar which showed through his dishdasha - quite a strange sight. Of course the Kuwaitis will tell you they are not "real" Kuwaitis. There were Jews here as well until about 50 years ago, although many Kuwaitis today will deny that as well. |
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bluecatbabe
Joined: 16 Apr 2009 Posts: 14 Location: Middle East
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Posted: Mon Dec 28, 2009 6:39 am Post subject: |
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| A friend in the UAE who is technically a Muslim (converted nominally when she married her Muslim ex) has better parental rights over her daughters than she would have done if she were not a Muslim. The husband can demand custody once the child is over the age of 7 (for girls: I think it's younger for sons) but the application can be contested if the mother is Muslim. As it is he doesn't want custody, but she has bribed him in the past to allow her to take her daughters out of the country on holiday - Muslim children can't travel here without the father's permission. |
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trapezius

Joined: 13 Aug 2006 Posts: 1670 Location: Land of Culture of Death & Destruction
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Posted: Mon Dec 28, 2009 9:58 am Post subject: |
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| Not being able to see her children forever is a very real risk a non-Muslim woman takes when she marries a Muslim man and goes to live in his country, particularly an Arab man/country. |
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veiledsentiments

Joined: 20 Feb 2003 Posts: 17644 Location: USA
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Posted: Mon Dec 28, 2009 2:57 pm Post subject: |
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That can even happen to a Muslim woman of another nationality. Loss of her children is an ever present danger for women in a Muslim country.
VS |
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bedwiya
Joined: 24 Jan 2003 Posts: 66 Location: Kuwait
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Posted: Mon Dec 28, 2009 6:59 pm Post subject: Custody |
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| Girls can stay with the mother longer than boys (7 for boys and 9 for girls I believe) although the Shia use different ages and can usually take them immediately or sooner than the 7/9. A foreign wife who converts should technically have more rights to the children as a Muslim - but the national usually always wins out - regardless of the mother's piousness. Even if the judge doesn't give full custody to the father, the children can be given to the FATHER's mother to raise, not the mother. |
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15yearsinQ8
Joined: 17 Oct 2006 Posts: 462 Location: kuwait
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Posted: Tue Dec 29, 2009 4:36 am Post subject: |
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aaahhhh
a little bit of knowledge can be worse than no knowledge at all
as bedwiya and others are adding , there are important other determinents
please consult a family law attorney not dave's for legal knowledge
as for not seeing one's children again, sometimes that sounds like a good idea to me ;) |
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tiptronic
Joined: 12 Nov 2009 Posts: 24
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Posted: Sat Apr 24, 2010 2:45 pm Post subject: Re: Muslim Husband and Non Muslim wife |
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| Londrinense wrote: |
Hello Everyone,
We also have a 18 month old daughter, and in the future we don't want her to attend any sort of religion class. Would there be any sort of expectations regarding that, since her father is Muslim? |
Of course there will be expectations since her father is Muslim. She will take Islamic classes because by default she is considered a Muslim. In case of divorce (hope never happens) the child belongs to her father. You can only have physical custody until she is 7, but the legal custody is her father since father is the only guardian.
564. It is recommended to give children names that reflect servitude towards Almighty All�h [for example, �Abdull�h; �Abdur Rahm�n; �Abdur Rah�m] just as it is recommended to name them by the name of the Prophet Muhammad (s.a.w.), and the other Prophets and Messengers (a.s.). It is recommended to name the children as �Ali, Hasan, Husayn, Ja�far, T�lib, Hamza, and F�tima.
It is disliked to give them names of the enemies of Islam and Ahlul Bayt (a.s.).
565. The custody, upbringing, and care of the child whether male or female for the first two hijri [lunar] years is the right of both parents equally. Therefore, it is not permissible for the father to separate the child from its mother during these two years.
When these two years come to an end, the right of custody is the father�s alone. However, based on precaution, it is recommended that the father should not separate the child from its mother until he or she reaches the age of seven.
566. If the parents separate because of divorce before the child �whether male or female� reaches the age of two (by hijri account), the mother does not lose the right of custody of the child as long as she does not marry another man. Therefore, it is necessary for both parents to agree on exercising their common right in custody by alternating [the right] or by any other method on which both agree.
567. If the mother marries after separating from the father, she forfeits her right of custody, and the custody will be the exclusive right of the father.
568. The term of custody ends when the child reaches the age of mental maturity. When the child reaches mental maturity, no one has the right of custody over him or her, not even the parents let alone others. The child, then becomes independent in his affairs; and so he can choose to join either of the two parents or anyone besides them. However, if his separation from both of them causes distress to them out of their concern for him or her, it is not permissible for the child to disobey them in that matter. If the father and the mother differ [in the case of distress], the priority is given to the mother.
569. When the father dies, the mother has greater right of custody than anyone else until the child reaches the age of maturity.
570. When the mother dies during the term of her custody, the father gets the exclusive custody.
571. Just as custody is a right of the father and the mother, it is also the right of the child, in the sense that if they refuse to take the custody [and fulfill their duties towards him], they can be forced to comply.
572. If both parents disappear, the right of custody belongs to the paternal grandfather.
573. Whoever from the two parents or others have the right of custody is allowed to delegate it to a third party, ensuring that they would fulfill their responsibility as required by Islamic Law.
574. The person �parents or others� who shall have the custody of the child, must be Muslim, sane, and trustworthy to ensure the safety of the child. So, if the father is a non-Muslim and the mother is a Muslim, the child is considered as a Muslim and the mother shall have the sole custody of the child. Similarly, if the father is a Muslim while the mother is a non-Muslim, the father shall have the right of custody.
575. It is obligatory on the son to provide for the parents.
576. It is obligatory on the father to provide for the child, male as well as female.
577. The obligation of providing for a person who is closely related to you is conditional on him being poor, in the sense that he does not have the basic necessities of life like bread, food, clothing, bedding, comforter, shelter, etc.
578. In Islamic law, there is no fixed amount for providing to those who are closely related to you. What is obligatory is to provide whatever is needed to sustain them, i.e. bread, food, clothing, shelter, and other things in line with his status as well as the standard of living for that place and time.
579. If a person who is obliged to provide for the needs of his close relation refuses to provide [e.g., a husband refuses to provide for his wife], it is permissible for the one who has the right to force him to do so, even by resorting to the courts.
If it is not possible to force him to provide maintenance and he has some wealth [that is easily accessible], the person who has the right can take the rightful amount from it after seeking the permission of the mujtahid.
[And if the wealth of that person who must provide maintenance is not easily accessible], the person who has the right can take out a loan in the name of the first person with the permission of the mujtahid. In this case, that first person will become liable to pay the loan back. If it is not possible to have recourse to the mujtahid, he should resort to some just [morally upright] believers and take out a loan in the name of the first person who shall then be obliged to repay it.
580. If the protection of the faith and its sacred laws as well as the honour of Muslims and their lands depend on providing for a person or persons from the wealth of Muslims, it is obligatory to do so. In this case, the Muslim who provides will have no right to ask anyone for compensation of what he has spent in this cause. |
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trapezius

Joined: 13 Aug 2006 Posts: 1670 Location: Land of Culture of Death & Destruction
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Posted: Sat Apr 24, 2010 6:27 pm Post subject: |
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^ Where did you get those rules from?
As far as I know, there is nothing in the Qur'an saying that custody of children goes to the father after age 7 or that if the mother remarries she loses custody no matter how young the children are.
Could you please provide verses from the Qur'an which back those claims up? |
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Dedicated
Joined: 18 May 2007 Posts: 972 Location: UK
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Posted: Sat Apr 24, 2010 7:28 pm Post subject: |
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Trapezius,
I'm not sure, but these sound like fatwas from Radd Al-Muhtar, a book on Islamic law written in the 19th century. This was a compilation of great fatwas.
I'm currently studying "A" level Arabic (and the Quran) and cannot find these references. However, I stand to be corrected, and will keep looking!. |
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trapezius

Joined: 13 Aug 2006 Posts: 1670 Location: Land of Culture of Death & Destruction
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Posted: Sat Apr 24, 2010 7:49 pm Post subject: |
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Thanks for the info.
I personally don't care for anyone's 'fatwa's. All these Arab (and many other Muslim non-Arab) countries snatch children away from mothers and hand them over to fathers (who in turn hand them over to often cruel stepmothers and/or maids), however, as far as I know there is no ruling in the Qur'an of the sort.
Ironic that there is so much in the Qur'an and Islam about respecting and serving mothers, and the general importance of a mother (Paradise is through serving her), and then you have all these Arab countries and cruel judges snatching LITTLE boys and girls away from their mothers and handing them over to [uncaring and uninterested] fathers.
Where did they get that from? And what happened to the importance of the mother? She is important only until her children are 7 years old? (age of 2 according to above under certain conditions) Really, 7 years old? Is the child molded enough and brought up enough to leave the mother at that age?
It sickens and depresses me.
I stand to be corrected. |
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bedwiya
Joined: 24 Jan 2003 Posts: 66 Location: Kuwait
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Posted: Sun Apr 25, 2010 8:41 pm Post subject: |
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| Also, don't forget that the Sunni and Shia have separate courts (at least here in Kuwait) so the rules may be different, depending on which court the father would go to. |
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tiptronic
Joined: 12 Nov 2009 Posts: 24
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Posted: Mon Apr 26, 2010 10:05 am Post subject: |
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| trapezius wrote: |
Thanks for the info.
I personally don't care for anyone's 'fatwa's. All these Arab (and many other Muslim non-Arab) countries snatch children away from mothers and hand them over to fathers (who in turn hand them over to often cruel stepmothers and/or maids), however, as far as I know there is no ruling in the Qur'an of the sort.
Ironic that there is so much in the Qur'an and Islam about respecting and serving mothers, and the general importance of a mother (Paradise is through serving her), and then you have all these Arab countries and cruel judges snatching LITTLE boys and girls away from their mothers and handing them over to [uncaring and uninterested] fathers.
Where did they get that from? And what happened to the importance of the mother? She is important only until her children are 7 years old? (age of 2 according to above under certain conditions) Really, 7 years old? Is the child molded enough and brought up enough to leave the mother at that age?
It sickens and depresses me.
I stand to be corrected. |
When an economic crisis struck Mecca, Abu Talib (Prophet's uncle)was heavily affected, and so Prophet Muhammad asked his uncles Hamza and Al-Abbas to help his uncle Abu Talib by adopting some of his children. They discussed this matter with Abu Talib, who said to them "Leave Aqeel to me and take whoever you want!" Abu Talib loved Aqeel greatly. Al-Abbas chose Talib and Hamza chose Jafar and the Holy Prophet chose Ali. The Prophet then said to them "I have chosen who Allah has chosen".
As you can see clearly, father is the only guardian and owner of the child's persons and properties. That is why nobody asked the mother about her opinion in the above example.
According to Holy Quran the mother only has right to feed the child (actually, an obligation) during the first two years.
Sorry but it is our rule whether you like it or not. But I can say that your point of view sickens me as well. You think that your laws are the only good ones and must be implemented on each and every inch of the world. Every country has different laws because they are "different" countries. Get over it. In your countries fathers have no rights except from paying maintenance and alimony. There are millions of Western fathers who are alienated from their children by the mothers. We see their stories everyday. Islam is a religion of true justice. |
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