Johan, Ain is still Am's wife.... Not COOL at all..!
Salam. I'm crazy for Am, yes.. But still I've gotta write this. No offence, but I feel it's about time Malaysian script writers, bloggers or even novelists do some basic research about Syariah laws before coming up with their so-called masterpiece. As of date, let's clear some air in Adam & Hawa - a big-time hit tele-movie @ Astro Mustika HD Channel 134 every 10pm Mondays - Thursdays. Here goes:-
1- Taklik or the written conditions read and signed by a groom after aqad ceremony will only be officially enforceable by a court order. Meaning to say, a wife needs to go to the syariah court to duly endorse any breach of such condition(s) and get a validation from a judge that a talaq has actually occured due to the same.
~ So, even if Am had never sent any monetary maintenance to Ain for the past 8 years, a talaq would never occur unless and until Ain goes to the syariah court to have the matter confirmed and/or resolved.
~ And in some districts (like in Am's and Ain's case), a talaq upon validation by a judge will be in a nature of khul' (pronounced as khu-look). So, please don't pronounce it the way Johan the Rebonding guy did in the awesome tele-movie Adam & Hawa, i.e. 'Cool'. That's not cool at all, ok?
~ What does it mean, then? In such a case (talaq in a nature of khul') in takliq divorce, the divorce is by the decree of the judge. So, the existing quota of 3 divorces are still intact, untouchable, as in the case of divorce by way of fasakh. This is totally different if the taklik written and read in the Marriage Certificate clearly says that upon confirmation by the judge, then the wife is legally divorced with 1 talaq. In such a case, the divorce by way of taklik would reduce the number of divorce in store. Thus, it very much depends on the contents and wordings of the written taklik in the first place.
~ So, even if the talaq khul' were given to Ain had she gone to the syariah court due to Am's non-maintenance, there would have been 3 talaqs in store STILL if they decided to re-marry after the divorce granted by the court.
2- Johan asked his mom to make a proposal for marriage to Ain, knowing fully well that she's legally married to Am.
~ What the heck? You can't even propose to a bethrothed, engaged woman.. Let alone someone else's wife. That's totally lame even in a pagan world. C'mon, now!
Well, let's stick to 2 points only. For now. ^_^