Divorce (The facts)

[AYOUB]

Whatbout DNA test?

[Thierry.]

Salaam Juxa

 

The general argument is that if the husband works full time and the wife is on benefits they will save more, now unless the authority is willing to turn a blind eye to the fact that the hubby is earning and can sustain a family many people will not declare themselves as legally married.

 

Is there any financial benefits for going legite?

 

T

[A_Khadar]

Juxa bal finish the 5 facts.. Dadku su'aalo badanaa? Ma business koodii baa la lagalay..lol.. Joke.. Carry on Juxa..

[Juxa]

Ayoub, a man can be listed as a father in the birth certificate at the time of birth as long as the mother consents. Being registered as a child's father gives you automatic parental responsibility but it does not proof paternity. For example you may be registered as the father but have doubts, you request DNA test and if you are not, your name can be altered and you wont have to pay contribution to the CSA.

 

Thierry yes, but that is not necessarily so, in fact if the husband works and there a children, same assessment is made and if you earn less then waalagu kabaa (contribution will also be made towards your rent and council tax). On top of that you will receive working mother/father credit, etc. From people i know they noticed difference of less than £50.

 

The benefit of going legit is peace of mind, not being paranoid everytime someone knocks on the door, not having to lie everytime your wife gets pregnant and is called for interview and she has to say ninkeygu wuu iga tagay (that is soul-destroying) and most importantly setting up good example for your kids and living Halal life.

 

Khadar lol, at this rate i wont get to number 5 (Fact E)

[A_Khadar]

^ Looks that you need to organize some workshop sessions for the community addressing this issue and answring their questions.. I guess that could be a good way of outreaching to the community and educating them about these facts.

 

One fact I often hear where I live is that Somalis are #1 community with kids born outside marriage.. It's sad and often talking in masques to stop this practice.. Alle ha sahlo..

[Juxa]

Khadar i dont know much about benefits etc, you would need qof bartay Immigration, Welfare and Benefits!

In fact i am not even an expert to family law but thought i would share the basics.

 

I will come back to the remaining Facts......

[N.O.R.F]

One of the Imams in a London mosque touched on this a few years (dadka kala qoran). Sadly, the chair of the mosque didn't agree with him highlighting the fact that this is common in our community. He was told to leave.

 

A xalaal marriage means exactly that. The little money is sent home but waa bilaa barako.

[Thierry.]

Sadly for large segments in our community saving the X amount precedes xalaal & xaraam.

[Blessed]

Looks like you have your work cut out for you, Juxa. I don't know why ayone would contemplate being in a marriage that is not legally recognised? Anyway, how do these couples go on hajj together? Do masjids give a certificate of marriage, horta. Warqada la sheegaa maxay tahay? LOL.

 

Here's an article on the subject..

 

http://news.bbc.co.uk/1/hi/8493660.stm

[Juxa]

Blessed not every masjid have licence to perform marriages. I think Regent mosque has one and there is another in harrow. In essence licenced Mosque can perform Islamic marriage and then you can register the civil marriage.

 

But majority of our community, we dont even know the sheikh that performed the Nikkah. Warqada la sameeyo is made in community centres but it is not legal. It is stamped but no one knows by whom. It causes alot of head ache walahi as no one can trace qofki saxiixay.

[Juxa]

3- Desertion (Fact C)

 

This fact is based on Respondent deserting the Petitioner. It is difficult fact to establish so rarely used in practice. One of the main difficulties is to show Intention to Desert.

 

4- Two years Separation & Consent (Fact D)

 

This is easy fact to rely on. Neither party need to have been at fault. The parties much have lived apart continuously for 2 years and the Respondent must consent to the divorce. The consent can be withdrawn any time until Decree Nisi (that is before the Decree Absolute/divorce is announced at court)

 

5- Five years Separation (Fact E)

 

This is essentially same as Fact D, except that there is no requirement for the Respondent to consent. Finally there is a complete defence to this Fact. Divorce will not be granted if it will cause hardship to the Respondent.

[Kool_Kat]

Juxa;741324 wrote:

Salaam aleykum folks,

 

Before I start, let me say that the purpose of this thread is to clarify few questions I have been asked over the years. I decided to tackle this issue as many families in the UK decided iney is-sheegtaan,

this means to declare they are married to Ceyrta.

I'm lost! Siduu topic-ga ku bilaawday iyo meesha loo jeediyay isma laha, mise waa kaligeey? If the purpose was isheegasho in terms of ceryta and benefits, the complications, cost, and headache of a divorce faaaar outweight the benefits of isheegasho...

 

As far as the division of family assets if and when there's a divorce, this is more geared to dad aan ceyr iyo benefits ka fikireyn...Meaning hubby is either providing financially (yacni shaqo well paid ah buu heystaa) for the family while the wife takes care of the household, OR both are working...In which case, dadkan oo kale ey tahay iney isheegasho ka fikiraan...

[Juxa]

^^KK abaayo waxan ka waday dad badan baa is-sheegtay because of problems with ceyrta, to do so they needed to legally register their marriage, if things go wrong they will need to legally divorce. the idea was to explain to them the process they will have to go through. This topic did not have much to do with ceyr qaadasho per se or beating the system or getting maximum benefits or is furitaan, just to explain the basics of family law procedure.

 

Insha allah time permitting, next will be Children law, both Public and Private.

 

This is an area of importance for our communities as it deals with caruurta la qaato, the involvement of the local authority, parental responsibilities, Care and Supervision Orders (public law, initiated by the Local Authority, for example when children are neglegted or domestic violence situations) and finally Residental and Contact Order (Private law/applicable when faarax wants to see his children).

[Kool_Kat]

Is sheegasho, divorce and the division of family assets/property/debts iyo Somali don't mix well! There's always the old eedo/habaryar/adeer/abti oo ku leh ilaah ku daa ama caruurtaada il ha usoo jiidin from aabohood! Totally off topic, laakiin claiming what's rightfully mine in the eyes of the legal system and being granted it by the courts makes one seem to Somalida as being an evil witch...A woman took her ex to court for child support and of course ex was told to pay certain amount of money for child support monthly...To this day, they've been divorced for four years, she's the witch oo maxkamad wiilka soo saartay...

 

Teeda kale, from reviewing divorce documents and settlements on daily basis, majority of Somali people will not benefit from is-sheegasho when it comes to divorce...Koley waa sidaan u arko...

[Juxa]

True KK . Lakin Aduunka wax isku qasay waa ceyrta.

 

Typical question is ninki aan is-sheeganay but now Islamically waan is furnay sideen Iskaga tirtiraa? The answer is same procedure as everyone else. Dissolution must take place

 

Division of assets and property waxa keenay ngonge suaashiisa about cohabiting. I agree this does not apply much to us now. But bear in mind second generation are employed and earning now. So in the future you will see applications for financial support by ex wife or even ex-husbands.( for those of you with cushy jobs and pensions, don't worry waala qarinkaraa things)

 

By the way what you say about wiilkii bey maxkamad geysay is so true, meel kasta lagaa naadinaa but I don't see any problems inla ceebeeyo ninkii caruurta biili waayo.