Reply to Does ISLAM allow divorce? If so, under what conditions?

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[quote=Muslima][quote=Anonymous][quote=Muslima]
The Op asked what Islam said about divorce  and that's what I responded to.  The fact that some imams don't follow this has nothing to do with Islam. Just like in the US, you will find Christian, Jewish, atheists, ect women who have to fight for years to get a divorce. Every case is different and the complexities of divorce or each case can't be summed up here. There is nothing in  the text of the Quran or hadiths that make getting a divorce difficult, not for the woman or the man, really it shouldn't be that difficult.  Citing examples about women who couldn't get a divorce for x, y reason doesn't change this either and saying it's hard  to find an imam to grant a divorce to a woman is really false. I know a multitude of women who got divorced here in the US and in Muslim countries and I have yet had to meet one who had any issues of getting a divorce or an imam who refused to grant her a divorce, not a single one.  In fact I am one of those women. I got divorced at my request and it took 5 minutes if that much , really lol.  [/quote]
Our niece in KSA had to pay her drug addicted husband 50K before he would agree to a divorce.  He'd show up to court stoned out of his mind wearing dark glasses, and the judge would still say, you need sabr, my daughter, go home and reconcile with your husband.

[quote=Muslima]
As far as children custody,  saying some women are denied custody after a certain age is not correct. There are clear custody rules as well and all the 4 schools of though of  Islam have different custody rulings.  But for all of them,  when the kids are young,  they stay with the mother. If she remarries, the father gets custody. In practice though , this is rarely followed,  all women that I know still had custody of their kids even after remarriage, men usually never go back to court just for custody,  not saying some don't,  but most do not. [/quote]
I think you need to make up your mind whether the scripture or the practice matters most.  In your first paragraph you say that what is in the Quran matters most, and it doesn't matter what some imams do.  In this paragraph you say that fathers are entitled to custody if the mother remarries but it rarely happens in practice.  If you are all about the scripture, then what happens in practice shouldn't matter.  If you are all about the practice, then what is written in the scripture shouldn't matter.   You cannot remain intellectually honest and say that it doesn't matter what some imams do but it matters what some fathers do.  [/quote]

That's unfortunate for your niece,  but really KSA? You do know that they are not the beacon of Islamic enlightenment and this is not the norm in the Muslim world.

Now as far as your simplistic argument about practice/texts, it just shows how little you know about Islam. Of course the Quran supersede practice. Newsflash for you,  there is nothing in the Quran about child custody, so the texts im referring to when talking about custody are hadiths and shariah I-e Islamic jurisprudence which is man-made so not set in stone.  Shariah changes according to context,  time and place.  Now When I cited texts earlier and said the text said so , I was referring to the Quran since divorce is discussed in the Quran, the is an entire chapter about it,  so in the case of divorce shariah can't supersede the Quran. [/quote]

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