Hello ppl, i just came across this post and couldnt resist to comment, although i havent read each of u guys replies (plz bear with me if i repeat anyone) also i have not reached the current episode (as im catching up still) ... but i guess i know the main track at least...
the whole Nighat track i will not comment at all, as i dont know whats going on there and to b honest the whole thing of her being insulted from the very first epi by haseena and the family tolerating all this shit... is just not worth commenting at all... oh n Nighat's story has nothing to do with Islam... its just simply stupid and depressive. Anyways..
Women rights in Islam? Talak? and and and ...
Firstly let me please tell you that Qubool Hai it self can never represent a Religion... The only "Muslim" thing about Qubool Hai, are the names of the characters, the Urdu language, some of the rituals and traditions... but the story line it self has nothing to do with Islam... Its just a very complex and confusing story they r trying to build around islam, which leads to things becoming senseless and sometimes even disrespectful.
The current track right now?
1. the Wedding... as far as i can judge the Nikah (not seen it completely, just skipped through it)... this Nikah is not at all valid... A Nikah is not just a game where ppl say "u wanna get married? - Ya!".. it's way more formal than ppl think.. for example:
- No marriage can take place without a WALI (guardian of the bride, could be the father, brother, uncle or so on, important is that SHE selects her own guardian) and 2 Witnesses each side. Of course all the guests are witnesses, but still 2+2 have to sign the Nikah-Nama (Marriage Contract) ---- i dont think this was the case here, no?
- The Kazi/Maulana will ask the Boy and the Girl separately, whether they r willing to marry this person or not? ... in this procedure it is ABSOLUTELY ESSENTIAL that the Kazi will form his question like this 3 times, otherwise the Nikah is NOT VALID: (Example Zoya)
"Miss Zoya Farooki, daughter of ...Siddiqui your Nikah is taking place after the islamic law, right at this moment, with a security amount of ...Rupees, to Mr.Ayaan Ahmad Khan son of Rashid Ahmad Khan, DO YOU AGREE TO THIS? ...KYA AAP KO QUBOOL HAI?"
Zoya: "HAN QUBOOL HAI! YES I DO AGREE"...
(here no Kazi/Maulana will accept any mumbling, shyness, just head shaking or anything, she has to say it loud and clear!! Oh and another point: the Kazi himself never does stand behind the "curtain" whilst he is asking the girl, he does take place RIGHT BESIDE HER, to make sure that there is NO CHANCE to misunderstand her, or tht maybe some one else is trying to answer for her, or some one is pushing or threatening her... this is to protect her rights of free will.)
- Then both Groom and Bride have to sign the Nikah-Nama, mostly its abt 5 Pages to sign for each one of them and they do have the right to READ every page (which most ppl unfortunately dont do)... then the witnesses do sign. Without the signatures of those 6 ppl the "Qubool hai" is not worth anything!!
-------- i dont think in the Zoya and Ayaan case the marriage was even close to this, and that means the marriage is not valid, period.
2. Talak, Khula and so on... I think at first u have to understand that a man saying Talak three times is not withdrawing the marriage... it actually is divorce and even that has to b registered and has a procedure with a lot of things to b noted, him saying "Talak" three times is just a declaration that he is willing to divorce her, which most certainly leads into the procedure...
A woman's rights to divorce? Of course she has the same right..its just called Khula, that is simply the other way around... she is asking for divorce...either mutually or she can drag him to court... which tells us that most definitely a woman has the right to seek divorce in Islam.
In the Ayaan and Zoya case.. there is another factor which counts - lets forget for a second that both of them are actually not married - This marriage has actually not even been completed... in a muslim wedding there is a Nikah, soon after that comes the Rukhsati.. that means the family of the girl "gives" their responsibility over to the husband, who then takes her to his house... and then comes the WEDDING NIGHT and the next morning the Valima.. (like a reception) ... with the Valima celebration the wedding is actually completed... means they did have a wedding night... AFTER THAT point if they want to go separate ways, the will need a divorce...
If under any circumstances both of them do decide to go separate ways JUST after the Nikah... there is not even any scope for divorce... As they have not yet lived together as husband and wife... they can simply ANNUAL the marriage..(sorry but i simply am not getting the islamic word for this situation right now).. with this there will never be and registry of them being married in the first place.
Oh and all this crap about Izzat and Badnami n all... this is just ridicules.. even in the most traditional islamic families, the elders would see the situation as a misunderstanding and call the Kazi and a lawyer and annual their marriage...
Which leaves us to: No, Islam does give women as many rights as men, sometimes even more. In this case the CV's r just trying to take "Islamic law" as an excuse to their own ridiculous story line.
Ye Hai Mohabbatein
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