'Ayesha's nod is required'
(Comment : Now we should say "..would have been required,,")
By: Alisha Coelho Date: 2010-04-06 Place: Mumbai
Edith Dey, advocate, Shoaib-Sania-Ayesha issue, interview, Mumbai news
Edith Dey, advocate with the chamber of Mahesh Jethmalani who also handled the divorce matter between Adnan Sami and Sabah Galadari and representing the latter in the case, has a different take on the Shoaib-Sania-Ayesha conundrum. Excerpts from an interview:
Which marriage laws apply in this case?
Irrespective of their nationalities, the Islamic or Sharia law will apply in the case of their wedding.
If he is married to Ayesha, would Shoaib need her consent to marry Sania?
Yes. A Muslim male can marry up to a maximum of four times. And if he wishes to take a second wife, he requires the permission of the first wife to do so.
What laws would apply to Sania if she wants to continue to represent India after marriage?
This would depend solely on her decision to retain or relinquish her citizenship. If she continues to remain an Indian citizen, she can represent the country, but if she decides to take Pakistani citizenship, she won't be able to play for India anymore.
Is Shoaib meant to pay Ayesha only the amount mentioned in the nikahnama?
Unlike marriages in the Catholic faith, where marriage is a sacrament or in Hinduism where marriage is a right, marriages in Islam are based on contract. It is, therefore, traditional practice for Shoaib to only pay the bride price or mehr mentioned in the contract to Ayesha if he decides to divorce her.
However, since this issue has precedence in Indian ruling, Ayesha will be able to move the Indian court for higher alimony under section 125 of the Criminal Procedure Code or under the Domestic Violence Act. She
has options.
Source URL
http://www.mid-day.com/news/2010/apr/060410-edith-dey-advocate-sania-shoaib-ayesha-issue-interview.htm
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