5.9 三次离婚(Triple Talaq)
5.9 Triple Talaq
许多人并不理解三次离婚(triple talaq)的问题。显然,一个一次性对妻子说出三次休妻之词的丈夫,做了一件愚蠢而冒犯的事。而且,根据所有学派的主张,这种离婚是有约束力且最终生效的,这意味着受惩罚的是丈夫,而不是妻子。丈夫失去了聘礼,也失去了妻子。妻子应当庆幸能够脱离与一个如此粗心、失控、像任性孩子一样三次说出休妻之词的男人的婚姻。
Many people don’t understand the issue of triple talaq. Obviously, a husband who issues three talaqs altogether against his wife has committed a stupid and offensive act. And the fact that the divorce is binding and final according to all the madhahib means the husband is the one getting punished, not the wife! The husband loses his mahr and his wife. The wife should feel fortunate to get out of a marriage to a man who is so careless and unhinged that he loses control and utters talaq three times like a petulant child.
I'm set up to translate Islamic texts from English into Simplified Chinese, so I can't answer that question directly. If you paste the passage you want translated, I'll render it into Simplified Chinese.
So how is it helping Muslim women when the new Indian law, passed by the racist criminal thugs of the Indian Hindu BJP politcal party, bans triple talaq?
禁止三次离婚,意味着丈夫不会因其鲁莽行为受到惩罚,而妻子则不得不继续与这样的人生活。如果她想通过呼拉(khul`)结束婚姻,就必须放弃她的聘礼(mahr)。因此,这对她而言是一种两败俱伤的局面。
Banning triple talaq means that the husband doesn’t get punished for his reckless behavior and the wife has to continue living with such a person. And if she wants to get out of the marriage through khul`, she has to give up her mahr. So it is a lose-lose situation for her.
穆斯林女权主义者为这项新法律欢呼,他们根本不知道自己在说什么(一如既往)。
Muslim feminists celebrating this new law simply don’t know what they’re talking about (as per usual).
不应将重点放在禁止三次离婚上,而应放在那些并不属于伊斯兰教、针对离婚的不良文化态度上。为什么一个女人仅仅因为是离异者,就要被视为不受欢迎的人?为什么她的家人或社区要排斥她,或以负面眼光看待她?这是不对的。离婚确实会发生。它令人遗憾,但这就是生活,正因为真主出于祂的智慧才允许离婚。难道人们以为自己比真主更懂得道理吗?
Rather than focusing on banning triple talaq, the focus should be on bad cultural attitudes toward divorce that are not a part of Islam. Why should a woman be seen as a persona non grata simply because she is a divorcee? Why should her family or the community shun her or see her in a bad light? This is not right. Divorce happens. It is unfortunate, but that is life and that is why Allah has made it permissible out of His wisdom. Do people think they know better than Allah?
并不是伊斯兰传统及其教法需要改革。的确,三次离婚是对丈夫离婚权的滥用,但教法本身已内置了防范机制,即使离婚成为不可撤销的离婚。然而,沙里亚赋予的任何权利都可能被滥用。例如,妻子获得生活费(nafaqa)的权利,有些穆斯林妇女确实会滥用,实际上是在经济上榨取丈夫。聘礼(mahr)的权利同样可能被滥用,有人索要过高的聘礼,而且确实有这种情况。难道这意味着我们就要取消穆斯林妇女的生活费权和聘礼权吗?这样做就等于废除伊斯兰婚姻本身。同理,改革或禁止男子的离婚权也是如此。
It is not the Islamic tradition and its fiqh that need to be reformed. Yes, triple talaq is an abuse of the husband’s right of talaq, but the fiqh has inbuilt deterrent against it, viz., making the divorce final. But any right given in the Sharia can be abused. For example, a woman’s right to nafaqa (maintenance) can be and is abused by some Muslim women, who basically gouge their husbands financially. The right to mahr can be and is also abused by asking for exorbitant mahr. Does this mean we dissolve a Muslim woman’s right to nafaqa and mahr? Doing so would mean dissolving Islamic marriage itself. Same with reforming or banning the right of talaq for men.
实际上,需要改革和剔除的,是那些从印度教和基督教借来的关于离婚的观念。
In reality, what needs to be reformed and excised is attitudes towards divorce that have been borrowed from Hinduism and Christianity.
愿真主使我们能够成为穆斯林母亲、女儿和姐妹真正的守护者与保护者,依循《古兰经》、圣训及其学术传统而行,而不是通过改造并无视这些指引的源泉。
May Allah allow us to be true guardians and protectors of our Muslim mothers, daughters, and sisters by following the Quran, Sunnah, and its scholarly tradition, not by reforming and ignoring those sources of guidance.
注意:我知道历史上曾有少数学者认为三次离婚(talaq)在某个时期只算一次离婚,我也知道当代有些学者以这一观点作为其教令(fatawa)的依据。上面这段话并非要辩论教法(fiqh)的问题。相反,关注点在于人们如何误解传统教法,以及这种误解如何导致人们对伊斯兰教提出错误的改革呼吁。
NB: I know that a small minority of scholars considered triple talaq at one time as one talaq and I know some contemporary scholars use this position for their fatawa. The above is not trying to argue about the fiqh. Rather the concern is with how traditional fiqh is misunderstood and how that misunderstanding leads to mistaken calls for reform of Islam.