lelakitakpuas.com TIDAK HALANG ISTERI SALEHAT MENUNTUT MUT’AH
lelakitakpuas.com TIDAK MENGHALANG TUNTUTAN MUT’AH OLEH ISTERI YANG TA’AT
abahyasir.multiply.com: A client asked me, what to do with an unfaithful wife?…Hmmph, what a question.
Sadari Musari: Isn’t it common nowadays for som
e wives to be having affairs? What is more disgusting is that when they go to the Syariah Court they apply for mut’ah, iddah, custody of children and harta sapencarian and the Court will grant them.
abahyasir.multiply.com: Mr Sadari, have you ever represent the wives in Shariah Court or in Appeal Board?
Aishah Taha: well sometimes you have to think why the wife take such an action? without loves and sharing from husband, wife easily stray away…renung2kan lah
Sadari Musari: Yes of course, As a lawyer, I have represented wives, husbands as well as interveners in Syariah Court as well as in the Appeal Board.
You also asked me whether I have any unresolved issues with wives. Due to pressure on space I am unable to answer you in this forum. Instead I will post my answers in my lelakitakpuas.com, Insya Allah.
Sadari Musari: Thank you Ms Aishah. So you think it is justified for wives to stray away from their husbands and be unfaithful because they are ‘without loves and sharing from husband’
Aishah Taha: I dont say that it is justified of cos I dont condone what the wives did. Tetapi sesuatu yang terjadi tidak boleh disalahkan pada satu pihak sahaja wahai Tuan Peguam.
Mr Sadari, do you think it is irony? When you said its disgusting that the wives go to the Syariah Court applying for mut’ah, iddah, custody of children etc. But yet, you’re the one who applied for them?
abahyasir.multiply.com: I have to agree with Ms Aishah. I’ve mentioned about this issue in my previous posting
Aishah Taha: Yeah you are right Ustadz the word is ‘irony’….how can i forget this word……hehehe….Tuan Peguam in another words you are just the same as other ‘laywer’……sape yang taknak duit oi………..
sorry wrong spelling it should be ‘lawyer’………..
With reference to the above I am glad and very thankful that abahyasir asked me that question. It gives me the opportunity to answer the question at length and make our readers aware of the duties of a lawyer as an advocate and solicitor of a client and as an officer of the court.
As a lawyer I look at all cases objectively. If I am representing a wife and in the course of taking instructions, the wife admitted to having extra marital affairs, I would advise her to: EITHER to drop the mut’ah claim OR accept an amount offered by the faultless husband.
In the event my client did not heed to my advice, I will discharge myself from acting for her.
I consider that women who have been involved in extramarital affairs and claim for mut’ah in Syariah Court are making fraudulent claims. My conscience dictates that I should not be assisting or be a party or let alone be the one responsible in making such fraudulent claims.
Throughout my years of practice I had a few cases of philandering wives who were unfaithful to their husbands and want to claim thousands of dollars of mut’ah from their husbands. I advised these clients to forgo their full mut’ah entitlements. Instead I advised these clients to request for some amount based on the husband’s ‘ihsan.’ A few of them heeded my advice.
One of my clients had an affair with her colleague and she bore her colleague a child. A few years after the child was born, her husband found that the child was not his. Her husband filed for divorce and she instructed me to claim for mut’ah and ‘harta sapencarian’ from her husband.
I advised her not to claim for mut’ah and a share of the harta sapencarian because her husband was not to blame for the breakup of the marriage. But she insisted. I discharged myself from acting for her.
She went to instruct another lawyer and on conclusion of the case I was told by the lawyer who represented her husband that he was ordered to pay nafkah iddah, mut’ah, and a share of the matrimonial assets to the unfaithful wife. I also learnt that the husband was dissatisfied with the outcome of the case. He joined the list of ‘lelaki tak puas.’
I told myself that I am glad that I did not represent her. Or else I will be also considered as a person who act in ‘syubhah’. I would not sacrifice my Islamic principles in exchange for a small amount of monetary rewards.
In another case, I represented a wife who was caught by the husband to be having an intimate relationship with a hotel guest where she worked. I advised her not to claim mut’ah since she was the one responsible for the break up of the marriage. Her husband gave her $ 5 000/- as mut’ah on ihsan.
Abahyasir also asked me whether I have unresolved issues with wives.
No I do not have. Why should I?
I am married with one and only wife and blessed with a daughter. I am maintaining my aged mother.
I have no grudge on women. I respect them. Like the men, they are the servants of Allah. I am not against divorced women claiming their entitlements in Syariah Court. However, as I have said, I find it disgusting for philandering women claiming mut’ah, iddah and a stake in the harta sapencarian.
And it is my intention to help those aggrieved by orders made by Syariah Court.
Abahyasir used the word “irony?” There is no irony here. This is a serious matter which needs to be addressed.
With all due respect, may I say that what I see as an irony is that he did not see the message that I want to put across.
It is not right for married women who had been having affairs receiving large amount of ‘payouts’ in the form of mut’ah and harta sapencarian from nice, loyal and innocent husbands .
Abahyasir said: “I have to agree with Ms Aishah…….. ”
What did he agree on? Did he agree that unattended wives should enter into relationships with men other than their husbands while remaining married to their husbands? Because there is no love and caring from or by their husbands? Tidak dibelai dengan kasih sayang konon! Is it justified?
Is he of the opinion that wives who are taken care of and loved may not be philandering? Is this opinion/finding backed by facts and figures? Or it is only an hypothesis?
Haven’t he heard of cases where the husbands were ‘angels’ but the wives were misbehaving behind their back. (See my posting below)
Look at a scenario where an irresponsible father failed to give maintenance for his son. The son was also deprived of parental love. The son had no money and he went stealing. Is it justified for the son to say that he stole because he is deprived of parental love and his father did not give him money to spend. Had the father been providing for him he would not have committed the act.
Let us see another scenario where a government of a country has failed to find jobs for their people and the people went on looting. When asked, the people said that they would not have gone looting had the government’s machinery was in place and jobs were created for them.
Justified to present that arguments?
The list may go on. But are tit for tat actions justified?
Obviously not. If they are, then this world will turn chaotic.
In her posting Aishah said that I am the just the same as any other ‘laywer”(sic). She spelt the word lawyer as “laywer”. Sorry, I am not the same as any other lawyer. How I wish she had known me and she had taken the initiative to check her facts before passing any unjustified and offending comments. She may criticize but she must get her facts right. Or else she will be doing an injustice to herself.
I regret that people would rather turn their attention on me rather than the message that I want to convey.
My dear brothers and sisters please wake up. Our Malay society is ‘full of sick people.’ They need help. As a vicegerent of Allah, I am doing my bit to help. I cannot do it alone. I need to work with others. But instead of helping, some people want to rubbish me and nail me. You are not doing injustice on me but you are doing injustice to yourself and to your society.
Do not be too ‘trigger happy’ to shoot me. I had known that the question was a trap and that is why I said that I will answer the question on this blog.
How I wish that these people could tell me that they want to work hand in hand with me and eradicate the injustice around us before calamities and/or catastrophes struck us. Because if Allah wants to punish a society, no one will be spared, whoever you are, even the pious.
Do you still want to nail me? Allahu Akbar.
To Aishah Taha, we can agree to disagree but please don’t be emotional. I really know what you mean. I reserve my rights against you.
In the name of Allah I am inviting all those interested to join forces with me to put things right and in the correct perspective since I have some solutions to the problems in hand.