Wednesday, 21 May 2014

How wife-beating and divorce would work under Secular Koranism

  1. No fault divorce would be abolished.
  2. Blame starts at 50/50.  At the very least both parties married the wrong person.
  3. A couple shall be required to agree a marriage contract before being allowed to marry. The purpose of this is to make fault easier to apportion in the event of a divorce.
  4. Only people of legal capacity can make contracts and be held to them. This means you cannot marry till you are 18.  
  5. Matrimonial Disputes Tribunals could be set up in every community to deal with the stage when the husband is so angry and dissatisfied with his recalcitrant wife that he wants to strike her, as prescribed in the wife-beating verse 4:34. The point is that this beating can never be done in private, but in public before the Tribunal as a formal and physical sign of rebuke. It need not amount to anything more than a slap on the wrist. Before being allowed to do so, the Tribunal would ask that he declare that he has formally admonished her and slept separately from her. 
  6. If the recalcitrant wife does not improve after this formally and publicly administered "beating", he can proceed to divorce.

Oh, come on, ladies!  This is fair enough, isn't it?

If you are the wife and want a divorce, all you have to do is prove that he breached the terms of the marriage contract and proceed straight to divorce. There is no need to hit him either in private or public, so it is actually easier for the wives.    


Umair Saeed said...

In this highly sexualised society where kids have access to the most heinous of pornography from there early teenage years, I think the age of consensual marriage should be at least 16, if not, even 14.

Claire Khaw said...

If we have the rule that there should be no sex outside marriage then there should be no need for an age of consent. The concept of the age of consent condones fornication and is arguably unIslamic. If we consider a contract as only available to those of full legal capacity then no one may marry and have sex till they are 18, because no one may marry without having agreed a marriage contract.

Obviously there will be other stuff going on but we can close one eye until confronted with unwanted pregnancy and illegitimate offspring.