salam,

Majelis Fikih Islam yang berpusat di Mekkah, baru-baru ini membolehkan
"nikah misywar", pernikahan tanpa kedua belah pihak tinggal bersama
dalam satu rumah dan meniadakan tanggung jawab nafkah pada suami.
Jadi hubungan suami-istri terbatas pada hubungan sex?
Yang jelas pihak perempuan pada posisi dirugikan.

Mohon klarifikasinya ustadz Aman, dan fukaha-fukaha WM/KS lainnya.

salam,
DWS

http://aawsat.com/english/news.asp?section=2&id=4711

Al Misyar Marriage

26/04/2006

In the heart of the capital of the Islamic world, Mecca, the Islamic
Jurisprudence Academy discussed a number of issues that are of
concern to Muslims worldwide. In a "surprising" move, the Academy
issued a fatwa (religious edict) sanctioning Zawaj al Misyar, or a
marriage without the couple living together in the same house, where
the husband is not financially responsible for his wife. This type of
marriage remains controversial; a number of jurists regard is as
merely a way to legitimize sexual relations. Lately, much discussion
has occurred about the various types of marriage, including al Misyar
and al Mutaa (where a date of expiration for the marriage is added to
the marriage contract).

Instead of focusing on a trivial issue such as the al Misyar
marriage, the Academy ought to have examined the numerous problems
that arise as a result of divorce and the injustices inflicted on
women by their menfolk as the former try to leave a failed marriage,
filled with humiliation and oppression, and discussed ways to
guarantee their rights to see their children. Despite the meetings
taking place in full view of the public, the matters outlined above
were ignored. Instead, fatwas that satisfy a number of men were
discussed at length. Readers who are familiar with front-page adverts
for sexual stimulators and cures for male sexual problems in Saudi
newspapers might be under the impression that there are no concerns
more pressing that sex and justifying it! Yet, the real challenge
rests in the necessity and the importance of developing fatwas about
the family to do justice to women and end practices that oppress
them.

This unequal treatment of women which disregards their rights as
human beings and as mothers contributes, to a large extent, to the
consecration of a troubled society. As such, more problems are to be
expected. Divorce and its aftermath has become a cancerous ill that
has ravaged Saudi society. To date, it is discussed solely in
academic and media circles. The real challenge is to develop
religious edicts that are clear and decisive and give women their
rights.

The latest decisions taken by the Islamic Jurisprudence Academy,
especially those related to Zawaj al Misyar, reveal the shortcomings
of certain aspects of jurisprudence and its detachment from facing
social challenges according to its real importance and priorities. If
the Islamic Jurisprudence Academies continues to disregard important
issues, problems the Muslim faces will continue to be denied. This
will prove very costly.








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"Philosophers are best able to understand properly the allegorical
passages in the Qur'an on the basis of their logical training. There
is no religious stipulation that all such passages have to be
interpreted literally."
---Ibn Rushd (Averoes), Fasl al-maqal (Decisive Treatise)

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Stop Religious Courts in Canada
http://www.muslimchronicle.blogspot.com
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