SUPPORT AND CALL FOR FATWA FROM 'ASMA' - The Society for Muslim Advancement
and 'WISE' - The Women's Islamic Initiative in Spirituality & Equity
Sent: Tuesday, March 06, 2007 10:17 AM
Subject: Petition for Fatima al Timani
Dear WISE Participants and Invitees,
As Salamu Alaykum
As promised earlier, we are circulating the petition for Fatima al Timani, the previously mentioned forced divorce case in Saudi Arabia. We highly encourage you to sign this petition and to forward it to all your respective networks. This is an opportunity for us to show our strength in numbers. You will see that hundreds of men and women from all over the Muslim world have already signed it. You can also sign the petition anonymously should you choose to do so. Our sincere thanks go out to Aishah Schwartz for compiling the information on the case and for bringing it to our attention.
(ANNOUNCEMENT OF ATTORNEY NOMINATION FOR AWARD BASED ON DEFENSE OF HUMAN RIGHTS IN SAUDI ARABIA http://muslimahwritersalliance.com/articles/al-timani_attorney_nomination.htm)
Saudi Attorney in Al-Timani Forced Divorce Case Nominated to Receive Award
FATWA REQUEST:
Date of Fatwa request: March 1, 2007
Request made by: WISE - Women’s Islamic Initiative in Spirituality & Equity
Requested by: Founder of WISE, Daisy Khan, USA
On Behalf of: Concerned Women of the Kingdom of Saudi Arabia & of the Global Muslim community.
Defendant: Fatima Al Thami 34 & Mansour Al-Timani, 37
Case description: Forced Divorce in Absentia
Fatima Al Thami 34 & Mansour Al-Timani, 37 have been married for over three years. Fatima’s late father approved the marriage and the couple have two children. (The father has since passed away, leaving the power of attorney and, more important, custody rights over Fatima in the event of her separation from her husband, to his male children, Fatima’s two half- brothers.
A divorce in absentia was sought by Fatima’s half-brothers on the grounds of Mansour’s “inferior” tribal lineage. The divorce was granted in absentia. An appeal was requested by Fatima’s Lawyer but as of January 21, 2007 the appeals-court ruling has upheld the original court ruling.
Fatima was told to return to her guardian’s home (her half brother’s) and she has refused to return to the custody of the family members who intervened on her three-year marriage to Mansour Al-Timani, 37.
The 34-year-old woman remains in prison (for her safety) while the infant boy lives in prison with his mother. She has continued to languish in prison in Dammam since last summer while her two-year-old girl remains’ in Mansour’s (the father’s) custody
Mansour Al-Timani, who was forcibly divorced from his wife Fatima, also claims that the half-brothers have always had disputes with his wife's mother. "They have had problems in the past over inheritance," said Timani.
Blackmailing their female relatives with forced divorce on the grounds of unequal tribal statue in order to make them relinquish their inheritance has already been documented.
We are requesting YOUR intervention in saving Fatima’s family and calling for the reversal of the decision. Kindly issue a Fatwa for this unjustified ruling.
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We believe the case pits Shariah law against tribal traditions and that Shariah law forbids such tribal meddling in the sanctity of marriage.
We believe that this is an infringement on God-given rights and a suspension of Islamic laws.
We believe that It is forbidden in Islam to separate a married couple for any reason. This case is shattering a family and disrupting the life and well-being of children by separating their parents?”
Our friends in Saudi Arabia:
- have expressed their fear that this ruling poses a threat to the security and unity of families and this verdict sets a dangerous precedence which would allow any male relative to destroy a family’s unity.
- have raised questions about the power of the male guardian over a woman, the judicial process of this case and the rights of mature, sane women in Islam.
We are aware that public opinion seems to be in favor of the couple. An online petition has already generated over 800 signatures in Favour of Fatima and Mansour. Columnists, letters to the editor, and callers on debate programs seem overwhelmingly against the family that brought legal action against the couple and the justice system that affirmed their effort to break up the marriage.
Please note: Some columnists have pointed out that the same argument that has prevented judge’s from granting divorces (that it would be bad for the children) could be used to prevent the annulment of the marriage between Fatima and Mansour.
American Society for Muslim Advancement
ASMA Society | Cordoba Initiative
T: 917.492.8690 | F: 917.492.8687
www.asmasociety.org