Possible Vulnerabilities Faced By The Husband During And After Divorce
These are disputes that have to be decided after a complete investigation by some authority. Such cases should preferably be decided by the families with mutual consultation; otherwise, courts decide according to general rules of justice.
This is all well and good in theory. Reality is a lot more nuanced. Let us first agree on the wife’s role (you have the final say here) so that I can explain to you how impractical your fair and just system is. As far as I understand, A wife is the primary care giver of children. Her responsibility here is to foster a good learning and respectful environment. If she has agreed on the marriage, now either she helps the husband out financially, or gives her best to adjust within the finances he provides. I consider this a sacrifice too on behalf of the wife to give her, her due. As the man has the final decision regarding where to live, how the circle of life works, which school the children go to, her job is to accept these decisions and try her best to defend these decisions in public as a (raazdaan). This I consider as her biggest sacrifice. Because this requires you to sacrifice every ounce of your ego in obedience. Now, when I have given her her due. Lets begin. Case No. 1 Fight First of all, what if the husband and wife are fighting as is common. The fight blows out of proportion. It frequently does in modern marriages. You can’t make the woman internalize the second fiddle role. Internally, she would still be finding ways to have her leg up. Coming to the fight, lets assume the fault is usually shared. But now, see how powerful the wife is with regards to the husband. When it gets to court, she gets custody, she can get tanseekh. The husband is helpless here. Also, leave family mediation out. Its 2026, extended families are gradually becoming obsolete. Even if they exist, neither man nor woman takes their families seriously. Especially in the educated classes where people believe in your theory. The fight is the most common case. Case no. 2 Children Upbringing Lets suppose a man wants to have his daughters follow sharaafat and reservedness as ghamidi himself says Islam preaches. The woman doesn’t. She wants them bold. It is a huge conflict, which can eventually lead to an honour killing. Similarly, what if a woman is okay with a boy who never goes out of his house out of love. A man in this case, knowing better forces the boy and it leads to everything going downhill. The woman in both cases can spew hate against the man in the minds of the children. A man again is helpless. Shariat had guardrails (as accepted by ghamidi himself) by allowing the man to impose his will. Moreover, the woman can’t get a tanseekh in pure shariat. So, the man was allowed to do his job without any legal implications. You guys removed it. Thats whats causing this conundrum. Case No. 3 A woman spends house spending on needless items. It can become a bone of contention. It relates to the third responsibility thats why I have taken it seperately. You get the point, in all three cases the issue is the same. And I don’t know how a court is going to resolve it. Currently, a court has only three questions Custody Alimony Child support I don’t know which arbitration you are talking about.