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> SULTAN BRUNEI CERAIKAN AZRINAZ TALAK SATU News

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Faidzal
post Jun 17 2010, 09:18 AM

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Sultan Brunei wants Rozita Che Wan?
Faidzal
post Jun 17 2010, 11:05 AM

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QUOTE(ayamkambing @ Jun 17 2010, 10:54 AM)
If say already, can take back? Supposing no other people around?

I thought divorce is only enforced through legal means (i.e. black & white agreement signed) and not just words
Otherwise, it seems to be VERY easy to just divorce by saying "talak" at the spur of the moment (i.e. emo)
Whats the point of talak then if she is still around and continues with sex? Self defeating purpose.

And why is it that only men can talak woman and not the other way around?
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That is why in Malaysia, you can only officially and legally say "Saya ceraikan kamu dengan talak xxx..." in the divorce court proceeding.

If you do it outside of the court, you can be fined or jailed.

This is called syariah law, the same law that states Bung Mokhtar must be jailed because he married Zizie without court and supposedly his 1st wife's permission.

Also, once you mention talak to her, YOU CANNOT HAVE SEX WITH HER. That /ktard was trolling you....

Technically once your talak has been confirmed by the court, you must live separately in different houses. Originally the wife must stay in the house you live together while you the male must live somewhere, but nowadays most divorcee's rather live somewhere else, like their own personal house or their parents (balik kampung).

Muslimat (female muslims) can ask for divorce, but the power to divorce still resides with the husband.

Supposedly this is to prevent women from getting divorced by the simplest of things, since women are more emotional.

If woman wants a divorce from husband, I think it's termed as fasakh, the woman must compensate the husband (pay him off).

Say the woman mention something like "I want a divorce, I'll pay you RM1 million", if the husband agrees, they can go to court to finalize the divorce, then she can pay him off.


Inb4 syariah lawyer comes and schools /ktards on Islamic law....
Faidzal
post Jun 17 2010, 11:07 AM

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QUOTE(Ripp87 @ Jun 17 2010, 09:43 AM)
eh, how many wives he dah ceraikan? few years ago he baru ceraikan one of his malaysian wives right? ini bini ke-berape ni?
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That one was his brother, Pengiran Sufri. Sufri married and divorced Mazuin Hamzah (Amy Mastura's cousin).

Maybe Sultan Brunei wanna test his luck and marry Manohara?
Faidzal
post Jun 17 2010, 12:33 PM

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QUOTE(ayamkambing @ Jun 17 2010, 11:47 AM)
Oh ok... thanks.

If the man divorce the woman, he pays her $$$, and if the woman divorce the man, she pays him $$$ as compensation.

similar to civil divorce cases lol.

But if the woman has evidence of the man philandering, abusive, non committal to husband duties etc, then i think she dont need to compensate him right?
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A man when divorce a woman, pay alimony (nafkah in Malay). This is stipulated by law, even civil law I believe. That is beside the dividing of harta sepencarian (shared assets) etc....

Muslim women cannot divorce a man, but she can ask to be divorced, and offer some form of compensation, usually money. It's still up to the man to say the talak word and officially and legally divorce the wife. Sometimes the man may want something other than money, sometims he may keep the wife just to spite her etc...

On the third part, she has to prove in court that the man did not fulfill his duty, then she can get divorced by court order. That one I think no compensation.

Just because the man is womanising or keeping mistresses or married another woman behind her back but still fulfill his duties at home (give money, house, other things 'normally good husband' should do), will NOT get her a divorce.

There are lots of Arabic terms on what is what, I'm not syariah lawyer, but did take agama classes back in school, maybe someone else can add some info.


Faidzal
post Jun 17 2010, 01:07 PM

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You know, a lot of non-muslims are curious about Islam and Islamic law, but stupid Malaysian govt. always try to prevent them from learning.

Even if they learn and managed to get degree, they disallow them to use their knowledge, like case of Indian graduate who wants to practise syariah law besides civil law but cannot because she is not Muslim.

I hope you all take this with an open mind and not purposely trolling. Then we'll get real 1Malaysia as opposed to stupid BN propaganda and sloganeering....
Faidzal
post Jun 17 2010, 01:19 PM

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QUOTE(ayamkambing @ Jun 17 2010, 12:39 PM)
erm, how does syariah defines what is good husband? tongue.gif

if the husband is being unfaithful behind her, thats not fulfilling his duties as a husband.

And in cases where the husband seeks a 2nd wife, prior to that he would have had committed unfaithfulness by courting a woman not his wife, while still being married. Can the wife then seek injunction to nullify the marriage on such grounds?

Like in Bung Mokhtar, the wife can ask for divorce from him too.

But i feel that this isn't so fair to the woman la

Man that screws around behind her back seems ok. But if the woman goes court another man, than its haram  hmm.gif
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It's up to the judge to determine what is a 'good husband'.

Technically if husband provides nafkah zahir (money to spend, house, transportation, maid etc.) and nafkah batin (consensual sex, loving children), wife has no 'real' reason to ask divorce even if he's being unfaithful.

If husband is courting other women and eventually marries a 2nd wife, technically 1st wife cannot object because Muslim man can have 4 wives. She can even be considered as a 'bad wife' if she does not consent to the 2nd wife if the husband goes through all the proper channels.

In actual Islamic law, husband doesn't actually need 1st wife's permission, only in syariah law written in Malaysia that you have to get permission from 1st wife and go to court with the permission in order to properly document the marriage.

She can ask for divorce, but it is up to her to prove that the reasons for divorce are valid as written before. The power to divorce is still with the husband.

I think Bung Mokhtar's 1st wife want a divorce, but then she has to pay compenstaion, and which woman who depend on her husband for her wealth would want that? All she can hope for is karma, in the form that Bung would soon get bored with Zizie and marry another sexy actress so Zizie can feel the same way she did.

yeah, it sounds unfair. I believe this is what Sisters in ISlam are actually fighting for, but unfortunately the Islamic law is written in stone (metaphorically), to go against it means you are against Islam itself.








Faidzal
post Jun 17 2010, 02:30 PM

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karma = 5 alphabets

consequences = over 9000 alphabets.

Conclusion, easier and faster to type karma. More people get the idea as well.

Retibution also can use, but still >9000 aplhabets....
Faidzal
post Jun 17 2010, 03:01 PM

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QUOTE(ayamkambing @ Jun 17 2010, 02:34 PM)
but apart from malaysia, the husband dont need 1st wife consent to court and marry another woman?

sad.gif  Any woman would be heartbroken.
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Then again some Muslim countries ban polygamy too.

Maybe that's why Jezamine Lim's parents don't want her to marry Harith, later he became horny and marry another hot girl, Jazamine can't do nothin'. I heard Harith is quite the playa', met him a few times while I was living near Ampang....

BTW Harith must be a rich Melei, he wrote a personal cheque to Jezamine for her hantaran (wedding gift).

user posted image
Faidzal
post Jun 17 2010, 03:42 PM

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QUOTE(PVCpipe @ Jun 17 2010, 03:29 PM)
bro.... talak 1 & 2, if u had sex on the period of the given time(rujuk period), its means u want to get together(rujuk).... dont have to go to court, but that just want to make sure that u remember how many times u already divorce ur wife... b cause some ppl who lack of info bout islamic law wont know if they hav divorce his wife in anger using the other term like "i let u go", or "go back to your parent house" or zihar his wife with someone he cant marry
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Bro, I don't know which understanding is rite now.... blink.gif

According to my understanding, if you say "Saya ceraikan kamu", in or outside of court, the cerai talak is official already. She is not your wife any more.

You must live separately. SEPARATELY!

Going to court is just a formality, except that if you got to court after saying cerai, you will be fined as per Malaysian Syariah law.

If you cerai your wife, and later have sexing with her, won't the resulting child be an anak haram because you are no longer husband and wife?

The reason why there's three times is like baseball. 3 strikes, and you're out! Get another man/woman....


Faidzal
post Jun 17 2010, 03:50 PM

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QUOTE(PVCpipe @ Jun 17 2010, 03:18 PM)
hav sex in the rujuk period means rujuk la(want to get together again)
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Are you sure? What if you force yourself unto your ex-wife? Isn't this rape?

Once talak she is not your wife anymore, remember? 3 month separation is just grace period in case you change your mind during the separation....

Rujuk still have to go back to pejabat agama rite?


Faidzal
post Jun 17 2010, 03:56 PM

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QUOTE(PVCpipe @ Jun 17 2010, 03:49 PM)
talak 1 and 2 have rujuk period....  sex, or say sorry sand say want to b to gether, any sign that means u want ur wife back, in the period means u want to rujuk back.... if after the period u still dont rujuk, u have to remarried under a new akad to get together....
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I am clear on the 3 month iddah period, but I'm not sure that having sex with your ex-wife while under iddah period is halal any more.

Show me a link where sex during iddah period is halal.....
Faidzal
post Jun 17 2010, 04:12 PM

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QUOTE(PVCpipe @ Jun 17 2010, 03:54 PM)
what rape? when u talak 1 and 2, unless the rujuk period is over, u still husband and wife....  husband and wife got rape?
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Wah, this is ajaran sesat!

When you talak, you are no longer husband and wife la!

Doesn't matter if talak 1 or talak 2, you must live separately!

I found a source that backs me up on this:

iv. Kewajipan tempat tinggal dan nafkah
Nafkah dan tempat tinggal adalah hak perempuan yang wajib diberikan oleh suami.

Mengenai tempat tinggal, iaitu tempat tinggal di mana di mana terjadinya perceraian, samada dengan talak atau kematian.

Suami tidak dibenarkan tinggal serumah dengan bekas isterinya itu atau memasukki tempat di mana bekas isterinya itu berada tanpa membawa bersama mahram. Larangan ini adalah untuk mengelakkan terjadinya khalwat yang sememangnya diharamkan terhadap pasangan ini. Manakala bekas isteri pula wajib menahan atau melarang suami dari melakukan perkara tersebut jika berkemampuan.


On further reaading, what you mention is applicable to Mazhab Hanafi and Maliki but NOT Mazhab Syafie. Since you are from Kuala Terengganu, and Terengganu is in Malaysia, you must be a Muslim who follows Mazhab Syafie.

Ustaz Zaharudin has mentioned that Mazhab Syafie does not allow ruju' via sexing your ex-wife during iddah period.




Faidzal
post Jun 17 2010, 04:35 PM

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QUOTE(PVCpipe @ Jun 17 2010, 04:24 PM)
You don't answer the question.

Yes I know, the court thing is just requirement of malaysian syariah law.

Technically in Islam there's not even suppose to be marriage registration (surat daftar nikah), but malaysian syariah law introduce it to prevent things like you getting tangkap khalwat with your wife without proof of marriage.

Going back to the question, that wikipedia page doesn't mention that you can have sex with your ex-wife during iddah period.

I found better explanation in Ustaz Zaharudin's page, I copy pasta the thing for you:

BOLEHKAH RUJU' TANPA MELAFAZ?


Ulama mazhab berbeza fatwa dalam hal ini seperti berikut :-
.....
Syafie : Mazhab Syafie menolak ruju' melalui perlakuan tanpa lafaz secara total, sama ada persetubuhan, mahupun permulaannya sebagaimana pandangan Hanafi tadi. Mazhab Syafie berfatwa sebarang persetubuhan pada waktu ‘iddah tanpa lafaz ruju' yang jelas terlebih dahulu adalah haram.

Imam As-Syafie berkata :-

والرد يكون بالكلام دون الفعل من جماع وغيره ; لأنه رد بلا كلام، فلا تثبت رجعة لرجل على امرأته حتى يتكلم بالرجعة، كما لا يكون نكاح ولا طلاق حتى يتكلم بهما، فإذا تكلم بها في العدة ثبتت له الرجعة
Ertinya : Ruju mestilah dengan percakapan ( lafaz) dan bukannya dengan jima' dan lainnya, kerana tiada ruju' tanpa lafaz, maka tidak sah ruju' bagi seorang lelaki kepada wanita sehinggalah dia melafazkannya, sebagaimana tiada nikah dan talaq yang dibuat tanpa lafaz, maka jika si lelaki melafazkannya (ruju') semasa iddah barulah sah ruju'nya" (Al-Umm)
.......
Kesimpulan : Apapun pendapat pelbagai mazhab, sebagaimana yang telah saya dedahkan di atas, Malaysia mengambil mazhab Syafie yang mensyaratkan suami MESTI melafazkan ruju' terlebih dahulu secara rasmi. Ia wajar dituruti.

Faidzal
post Jun 17 2010, 05:45 PM

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QUOTE(ayamkambing @ Jun 17 2010, 05:00 PM)
Must one comply with Mazhab Syafie? How about other Mazhab? What does the Quran say about this ar?

All this man made laws, if two people senyap senyap rujuk balik then talak problem kan?

you all talak confuse ya, jangan la gaduh gaduh, talak baik punya.. ok?
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You can choose whatever mazhab you like, but in Malaysia, they make it LAW that you must follow Mazhab Syafie.

The problem with two people senyap-senyap cerai and then ruju' balik is the keep-track problem.

How do you keep track? There's a limit of 3 times, if you keep track by yourselves, you will surely cheat on the tracking.

Last sentence is the best, I agree, jangan la gaduh gaduh, talak baik punya.. ok?


Added on June 17, 2010, 5:49 pm
QUOTE(PVCpipe @ Jun 17 2010, 05:07 PM)
as far as i know, sex between them in iddah is consider rujuk, coz u wont do sex if u still hate each other....
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Last time I checked, there's no Mazhab PVCPipe, so your opinions doesn't count....

If you want to follow Mazhab Maliki/Hanafi/Hanbali, then it's your choice. But then you have to follow it TO THE LETTER.

Also don't come crying in /kopitiam when JAKIM come and arrest you for not following mazhab Syafie.

Besides, ustaz Zaharudin, probably Malaysia's most famous Internet Ustaz, already wrote this:

Kesimpulan : Apapun pendapat pelbagai mazhab, sebagaimana yang telah saya dedahkan di atas, Malaysia mengambil mazhab Syafie yang mensyaratkan suami MESTI melafazkan ruju' terlebih dahulu secara rasmi. Ia wajar dituruti.

http://www.zaharuddin.net/content/view/710/95/



This post has been edited by Faidzal: Jun 17 2010, 05:56 PM
Faidzal
post Jun 17 2010, 06:04 PM

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QUOTE(PVCpipe @ Jun 17 2010, 05:55 PM)
when did i say my mazhab? i just gave my opinion and i did told anyone can correct me if im wrong...

like u said, the actual islamic law is not our syariah court....  u said earlier that hav to tell the court then after that u can rujuk back.... i was initially said theres no need for that...

yes the problem is our society, their lack of understanding on religious law makes the gov impose this syariah court law
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Of course there's no Mazhab PVCPipe, it's a figure of speech, kalau terasa maknanya terkena....

I corrected you already many time with proof, so why you keep repeating it?

So just because you understand the actual Islamic law, means you can ignore the syariah law?

meaning let's say you are married, one day you talak your wife, outside of court and without any saksi, later after both of you cool down, you have sex with her, so everything back to normal?

What happens when you did this 3 times? Are you still going to say you are still married?

later on you will still need to go to pejabat agama, explain everything, then pejabat agama will slap you with a fine and maybe even declare any children born after the 1st time you mention talak as anak tak sah taraf, how?
Faidzal
post Jun 17 2010, 06:21 PM

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QUOTE(PVCpipe @ Jun 17 2010, 06:12 PM)
y u go to this? i know if i did that 3 times. i know u have to folow the shariah court, i just want tell that u can rujuk 1st and then tell the court later... u dont need court permission 1st bfore rujuk....

the sex thing i dont invent myself... i heard in ceramah also

i always have this kind of talk with my other friend also... he also learn syariah law....
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Don't be like that bro, I was talking about having sex while in iddah period, not about the ruju' to the mahkamah thing.

Of course you can ruju' without going to mahkamah, same as saying talak without going to mahkamah, but then you get into trouble with syariah law, which is the point here.

At least if you say you heard some ceramah where speaker mention that sex during iddah is halal and means that you have ruju', mention the speaker's name lah bro, adds credibility.

I at least linked to Ustaz Zaharudin who even provides the actual Syafie fatwa, so no one can accuse me of making up fatwas and whatnot....

OK bro, I think we cool it down, but hopefully /k can learn something other than hack3line's Freemason conspiracy.....
Faidzal
post Jun 17 2010, 06:24 PM

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QUOTE(abang @ Jun 17 2010, 06:14 PM)
bagus2. xyah bincang sini dah. ramai manusia2 dlm /k/ tengok yg suka flame xtentu pasal nanti pasal islam.
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C'mon bro, we all know Islam is not the problem, it's the Muslims (people who embrace Islam as religion) who are the problem.

But it's also duty as Muslims to correct misinformation, especially if the misinformation comes from Muslims themselves....

Tak begitu bro?

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