Daniel twitted:
Liberal secular French laws literally mandate that men be reduced to cuckolds. Not only are women legally entitled to cheat on their husbands, but the law bans paternity tests - such that men are obligated to raise and pay child support for the offspring of their wives' lovers. pic.twitter.com/u0nyCuSu6V
— Daniel Haqiqatjou (@Haqiqatjou) April 5, 2023
Response:
First of all, it's important to note that not every country in the Western world agrees with French law regarding paternity tests. Many Western nations openly disagree with it, believing that fathers have a right to know the truth and achieve peace of mind. As a result, several Western countries do allow paternity tests.
It's also crucial to recognize that the primary target of criticism of Islamic preachers is not French law (which is a secondary issue), but their primary focus of criticism is on the underlying principles and mechanisms of the whole Western system itself. Therefore, French law may be right or wrong, but we must emphasize that the broader Western legal framework remains sound. In fact, when comparing Western laws to Islamic laws, the former emerges victorious. We will deal with Islamic alternatives later in this article.
An Analysis of French Law
Let's examine the underlying reasoning behind French law. Despite criticism from some quarters of the Western world, it's essential to understand the rationale behind French legislation.
Proponents argue that French law prioritizes the best interests of the child. According to them, the individual who raises and nurtures a child holds a position of greater significance than the biological mother or father. A child's attachment figure is not necessarily determined by biology; instead, it is the person who provides love, care, and support.
The French government did not arrive at this decision independently. Psychologists advise that societal norms, rather than biology alone, define fatherhood. By acknowledging this perspective, family harmony remains intact. In cases where couples divorce, the father's relationship with the child endures, and parental rights remain unaffected. Unfortunately, Islamic preachers often focus solely on financial support while disregarding the importance of parental rights and the child's well-being.
On the other hand, some Western critics contend that:
- Fathers deserve assurance regarding their biological connection to their children.
- Intentionally deceiving spouses undermine fairness toward fathers.
However, it's important to acknowledge that French law strives to promote stability and the child's best interests, even though there might be valid arguments against certain aspects of the legislation.
How Does the Western System Operate and Why Is It Superior to Islamic Laws?
To comprehend the advantages of the Western system, it's essential to grasp its fundamental principles and operations.
- In Western societies, laws and regulations are created through a process of discussion, debate, and consensus.
- At the core of the Western system lies the understanding that imperfections exist in life, and thus, finding ideal solutions may prove challenging. Instead, decisions are made after careful consideration and deliberation, aiming to achieve the most optimal outcome.
- However, this doesn't imply infallibility. Mistakes can occur due to human limitations. Consequently, the Western system embraces constructive criticism, welcoming opportunities to rectify errors, improve existing policies, and adapt to changing circumstances.
One prime example of this self-improvement mechanism is the French law. Like any other aspect of the Western system, it is designed to evolve and respond to new information, critiques, and emerging needs. Its flexibility allows for modifications and enhancements, enabling the legal framework to stay relevant and effective in addressing contemporary challenges.
Ultimately, the strength of the Western system resides in its capacity to learn from past mistakes, engage in meaningful discourse, and continually refine its institutions.
Compared to this, Islamic laws are absolutely not open to any criticism, but any criticism is immediately called blasphemy, and people are put to death. Islamic laws cannot be changed till the last hour.
The Inuit Culture:
In the Inuit community, also known as Eskimo, there was a longstanding tradition of mutual support and equality. When a man had to leave his home for an extended period, whether for hunting or other necessities, his neighbor or friend would take care of his family, including his wife. Any child born from this arrangement was considered an integral part of the household, just like any other child. This custom was practiced for centuries, and these children were never referred to as bastards or subjected to any form of discrimination.
Because Eskimo men may sleep with their friends’ wives as a tradition, it is possible that women here would become pregnant with a child that isn’t her husband’s. But it’s totally normal. In fact, wives and kids are considered communal in Eskimo society. Therefore, no matter whose child a woman is bearing, her family will love and raise the kid as their own.
We can gain valuable insight into the protection afforded to children in the Inuit culture, which provides a stark contrast to the negative treatment of children born out of wedlock in certain religious traditions. Unlike the latter, the former approach emphasizes community responsibility and acceptance, rather than stigmatization and blame.
It is worth noting that Western critics of French law distinguish between the cultural practices of the Inuit and those of France. While the Inuit culture prioritizes consent and cooperation among all parties involved, French law has been criticized for condoning deception and betrayal of spouses. As such, these two approaches cannot be equated or compared directly.
Islam OFFICIALLY turned women into "Cuckquean"
The term cuckold is the favourite term of Islamic preachers. But have you ever heard the term Cuckquean from their mouths?
Please think about it. It is unfortunate, but Islam turned women into "Cuckqueans" by indoctrinating them and the whole society:
- A man can sleep with 4 wives, and the wives are legally bound to keep on acting as Cuckquaen
- And a man can also rape DOZENS of captive/slave women and girls, and all of them are legally bound to keep on acting as Cuckquaens.
- And the sexual relationship with captive/slave women is a TEMPORARY one (i.e. like Shia Muttah). An owner can buy a slave girl, rape her, and after fulfilling his lust, he can sell her further and buy for himself a new slave girl.
- And Islam didn't even allow the poor wives and slave girls to get rid of their unfaithful and rapist husbands/masters by taking DIVORCE. In Islam, divorce is solely a right of the husband. Even Khul' خلع is also a right of the husband. In Khul', a wife has to offer ransom money to her husband. If he accepts the offer, then he can take the money and divorce her. But if he does not accept the offer, then no Islamic court can compel him to give divorce to his wife. Please read our article: Khul’ خلع (i.e. getting freedom from husband) is not a “right” of a woman, but it is still a “right” of a husband to either grant it or deny it
Islamic Solution: What if a husband doubts the paternity of the child?
In Islam, a man is allowed to accuse his wife of adultery and label her child as illegitimate, even without concrete evidence. All he needs to do is swear five times, and he will be able to divorce his wife and abandon the child, without providing any financial support. This practice is known as Liaan in Islam.
The first question that arises is, what protections does Allah provide to the woman and her child when a man falsely accuses her?
Unfortunately, Allah provides zero protection to the innocent woman and her child in such cases. False accusations can stem from mere suspicion, misunderstandings, or even malicious intentions.
Not only does Islam allow men to accuse their wives and disown their children, but it also labels the child as a bastard (Walad al-Haram in Islamic terms). The child is considered illegitimate regardless of whether the mother was actually unfaithful or not. Moreover, the father doesn't have to contribute financially to the child's upbringing; instead, the mother must bear all the expenses alone, even if she was innocent.
If the mother happened to commit adultery and had a child out of wedlock, Islam prohibits the biological father from giving his name to the child, showing affection, or contributing financially. However, why should the innocent child suffer and be denied the love and recognition of their biological father? Islam forces the child to carry the stigma of being a bastard by taking only their mother's name, making them vulnerable to social humiliation. It's truly unjust.
You can see that these Sharia rulings of Islam regarding innocent children are completely against logic, which is impossible if they were truly divinely inspired. This human error in the Sharia ruling proves only one thing: Muhammad created these revelations and rulings himself.
Let's examine how Islam first declares an innocent child to be a bastard and then humiliates them:
Narrated AbuHurayrah: The Prophet (ﷺ) said: The child of adultery is worst of the three (i.e. father, mother and child).
Abu Hurairah said: That I give a flog in the path of Allah (as a charity) is dearer to me than emancipating a child of adultery.Grade: Sahih (Al-Albani)
What is the crime of an innocent child that Islam treats them in such a horrible way?
If you want to see the full list of the suffering of such innocent children (whom Islam calls Walad ul-Haram), read this article: Illegitimate Children: Illegitimate Children: What is the WISDOM of Allah in calling them BASTARDS (Walad al-Haram)? It's an eye-opening issue, so don't miss it!
Thankfully, the modern secular world has ended this terrible practice of branding innocent children as bastards. They are no longer discriminated against or humiliated because of their parents' actions.
Islamic Solution: What if an Owner (i.e. Muslim Master) doubts the paternity of the child from her slave woman?
A Muslim owner was allowed to rape a slave woman in a Temporary sexual relationship and then sold her to another master, who again raped her and then sold her to a 3rd master.
So, problems arose what to do if doubts occurred about the parentage of the child in such cases?
Mohammad came up with this solution, that the owner was allowed to deny the parentage of his own child from a slave woman, and thus declare his own child to be a BASTARD (Arabic: Walad-ul-Haram).
If the 2 joint owners didn't want the parentage of the child from their common slave women, they were also allowed to deny the parentage and declare the child a Bastard.
Sunnan Ibn Majah (link):
وَلَا يَلْحَقُ إِذَا کَانَ أَبُوهُ الَّذِي يُدْعَی لَهُ أَنْکَرَهُ
… a child from a slave woman cannot be named after his father if the man whom he claimed as his father did not acknowledge him.
Imam Albani declared this Hadith as Fair (Hasan). Link.
This same tradition has also been narrated by Amr bin Shoaib in Sunnan Abdu Dawud, and has again been graded as Hasan (link).
Imam Muhammad bin Ahmad Sarkhasi (d. 483 H) writes in his book Al-Mabsut, Volume 2 page 152 (link):
وولد أم الولد ثابت من المولى ما لم ينفه لأنها فراش له وقال عليه الصلاة والسلام الولد للفراش ولكن ينتفي عنه بمجرد النفي عندنا
“The son of a slave woman is attributed to the owner as long as he didn’t deny it, because she had been on a bed with him, He (i.e. prophet Muhammad) said that the son belongs to the bed, but he (the child) will be not be attributed to him if he just denied him according to us.”
And Imam Ibn Hamam writes in his book Fath al-Qadir (link):
أم الولد بسبب أن ولدها ، وإن ثبت نسبه بلا دعوة ينتفي نسبه بمجرد نفيه ، بخلاف المنكوحة لا ينتفي نسب ولدها إلا باللعان
“The slave woman’s son, even if his paternity is proven without a claim (from the father), has his parentage disassociated just by denial, unlike the wife in a Nikah whose son’s parentage cannot be dissociated except through “le’an.”
Imam Showkani records in Nail al-Awtar, Volume 7 page 77 (link):
وروي عن أبي حنيفة والثوري وهو مذهب الهادوية أن الأمة لا يثبت فراشها إلا بدعوة الولد ولا يكفي الإقرار بالوطئ ، فإن لم يدعه كان ملكا له
“It is narrated from Abi Hanifa, al-Thawri and it is the Hadwiyah madhab that the paternity of a slave woman’s (son) cannot be proved without the claim (from the father), the admission of performing sexual intercourse shall not suffice, if he didn’t claim paternity, he (the son) will become a slave for him. “
Once the child is declared a BASTARD, then he/she becomes a slave of the father. And the father is fully allowed to sell his son/daughter in the salve market and get money for that.
Unbelievable!
Can this horrible Islamic law (where a father is making his own son/daughter his slave) be still compared with French Law?
Even if the wife is an eyewitness of ZINA (adultery) of her husband, she should still act as Cuckquean
Please read our article:
The summary is:
- Even if wives have personally seen their husbands doing ZINA (fornication) with other women (or even if they have seen their husbands raping other women), still they are not allowed to accuse their husbands in any Islamic court.
- Or even if they have seen their husbands having a sexual relationship with any other male, still neither can they go against their husbands in court, nor separate themselves from such husbands through a divorce.
- And if the respective wives still dare to accuse their husbands of fornication/rape in an Islamic court, then they have to bring 4 male eyewitnesses for it.
- And if the wife is not able to bring 4 male witnesses to the court, then she will be lashed with 80 stripes for Qadhf i.e. wrongfully accusing her husband, even if she is telling the truth (link).
Islamic Scholars advise such women to become cuckquean, turn their eyes blind, and never go to Islamic courts against their husbands.
2 to 5 Official Fathers of a child (due to her rape in the temporary sexual relationship)
If there were two or more joint owners of the slave women, then Islam allowed those joint owners to rape her one by one. They only had to wait for 3 (to 7) days, so that the slave woman became free of her menstruation blood, and after that next owner was allowed to start raping her.
But this caused doubts in many cases about who the real father of the child was.
Thus, Muhammad adopted this solution where both those 2 (or more) joint owners became the Combined Official Fathers of the child.
Imam Ibn Qadamah wrote in his book Al-Mughani (link):
وإذا كانت الأمة بين شريكين فوطئاها لزمها استبراءان
If a slave woman is in joint ownership of 2 men, then they both could have sex with her by performing double "Istabra" (i.e. becoming free of monthly blood twice)
And it is written in Fatawa-e-Alamgiri, vol. 6, page 162, Urdu edition (link):
If two men have joint ownership of a slave woman, and a child is born, and both claimed the parentage of the child, then both will be the (official) father of that child.
In this same Fatawa-e-Alamgiri, vol. 6, page 173, Urdu edition (link), it has been written:
Imam Abu Hanifa said: If a slave woman is in joint ownership of 3 or 4 or 5 men, and all of them claimed the parentage of the child, then all of them will be his (official) fathers.
Fatawa-e-Alamgiri is an authentic Fiqh book of Hanafi jurisprudence and has been taught in all the Hanafi Madaris (religious schools) of the Indian Sub-Continent (i.e. Pakistan/India/Bangladesh)
Muhammad instructed his companion to keep on taking pleasure with his beautiful wife, even if she committed adultery with other men (i.e. he could act as a cuckold)
Narrated Abdullah ibn Abbas: A man came to the Prophet (ﷺ), and said: My wife does not prevent the hand of a man who touches her (i.e. who fornicates with her). He said: Divorce her. He then said: I am afraid my inner self may covet her. He said: Then (keep) enjoying her (as your wife).
Grade: Sahih (Al-Albani)
This is a huge contradiction here:
- On one side Muhammad talked about modesty, decency, being chaste, Hijab, not even talking to the opposite gender, and awarding the CRUELLEST punishment of stoning for adultery.
- But on the other hand, Muhammad is instructing his companion to keep on taking pleasure from his beautiful wife, even if she does adultery with other men (companions?)
Please read the full article here which provides more information regarding this contradiction in Islam.
French law vs. Islamic law:
- The French Law may be right or may be wrong. But one thing is sure it was also made by keeping the best interest of the child in mind.
- And if it is a mistake, we are still in a position to keep watching the results and to reform it in the future.
- But can we say the same about this Islamic law that it is based upon the Best Interest of the child?
- How is calling an innocent child a BASTARD (Walad-ul-Haram) in the best interest of a child?
- How is depriving an innocent child of the support, love, and upbringing of any father in the best interest of a child?
Hassan Radwan
