Interesting article

This is written by a feminist professor in response to an article in the newspaper:

Jun 8, 2011

Disturbed by judgment, says Aware

WE REFER to last Friday's report ('Divorce and the attractive woman') and the judgment rendered by the High Court in this case.

The High Court took the view that it was relevant for a judge to take into account the attractiveness of a wife in determining her chances of remarriage when exercising its discretion on whether to grant lump sum or monthly maintenance. The Association of Women for Action and Research (Aware) is surprised and disturbed by this judgment.

While it may be valid to take into account a person's imminent prospects of marriage - for example, where there is evidence that a party intends to marry another party - it surely is not right for a court to go down a speculative line of reasoning as to whether a person, based on her looks, personality, ethnicity, nationality or relationship history, is likely to remarry.

It is, moreover, problematic to assume that an attractive woman is more likely to marry. What are the criteria for deciding who is attractive? Whose criteria are applied?

And on what basis are we to establish a connection between this alleged attractiveness and remarriage?

We hope that this judgment, which dealt with the issue of the bias of the judge in deciding the issue of maintenance, will not be used as a precedent to support such a line of inquiry in future cases relating to maintenance.

This would result in women being penalised and discriminated against if they do not fit normative - and indeed subjective - notions of beauty.

Teo You Yenn (Ms)
Board Member
Association of Women for Action and Research (Aware)

What do I have to say?

The most fair of all judgement is based in the Quran and even in situations that are frowned upon -such as divorces, everything has been laid out inside the Holy Book where true judgements are reserved for Him alone. 

It is most shocking to know that a civil court takes into account a woman's attractiveness (or not) when deciding her maintenance. Who decides what is attractive? What are the criteria and is there a reason behind why one woman is considered attractive and the other isn't? 

Most importantly -Is the court saying that if a woman is not attractive = it's her own fault? 

A woman is married not just for her beauty. 

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as saying: A woman may be married for four reasons: for her property, her status. her beauty and her religion, so try to get one who is religious, may your hand be besmeared with dust. 

I suppose you can put a woman's intellect under her property/beauty... so a man might find a woman attractive because she's smart, funny and has a witty personality. 

Thus, I concur with the letter's last line because who are we to penalize God's creations? Surely He has his plans for everything. 

Walluhualambissawab....