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Permanent Marriage
In Islam the word most commonly employed for marriage is nikah, which means literally 'sexual intercourse'. As a legal term it denotes the situation resulting from a particular contract, entered into by a man and a woman, by which sexual intercourse between them becomes legitimate in the eyes of God and society. The only other mode of legitimizing this sexual relationship is by a man's purchasing a female slave, but this is a complicated discussion that cannot concern us here.
Marriage as a legal institution is defined and described in terms of a number of 'pillars' (arkan) and 'statutes' (ahkam), which are discussed in what follows. The pillars are those elements of the marriage contract whose absence nullifies the contract. The statutes are the rules and regulations that govern the contract. A brief account will also be given of certain other legal points relating to marriage, namely divorce, the waiting period, forswearing, sworn allegation, zihar, and inheritance.
I. The Pillars of the Marriage Contract
Marriage has a set number of pillars, two according to the Shi'a , three according to the Malikis and Hanafis, and four according to the Hanbalis and Shafi'is. All schools agree on the first two pillars, 'formula' and 'persons'.
A. The Formula (sigha)
Marriage is legalized by a contract ('aqd), which, like all other contracts in Islam, consists of a declaration (ijab) and an acceptance (qabul). The woman declares that she is entering into a relationship of marriage with the man, and he accepts her as his wife.
The schools differ as to the exact words that may be employed in the woman's declaration. The Shafi'is and Hanbalis hold that a formula derived from the words 'I have married you' (ankahtu-ka) or 'I have espoused you' (zawwajtu-ka) are valid. The Malikis maintain that if the amount of the dower to be paid to the wife (see II A below) has been specified, the woman may also say 'I give myself to you' (wahabtu-ka)1.
The Shi'a do not include the verb 'to give', but they add the formula, 'I surrender myself to your pleasure' (matta'tu-ka).2 The Hanafi School is the freest in respect of the formula, allowing any number of expressions to be employed, and even certain indirect formulas.
All schools agree that the man may show his acceptance by employing any word which denotes his satisfaction with the contract.
The Hanbali, Maliki, and Shi'i schools hold that the verbs for both declaration and acceptance must be in the perfect tense. According to the Hanafis, the present tense may be employed as long as what is meant is directed toward the future, i.e., does not denote the seeking of a promise of marriage;3 according to the Shafi'is, the present tense may be used if it excludes the possibility of being interpreted as a promise of marriage, e.g., by adding the word 'right now' (al-an).4
All agree that both declaration and acceptance must be uttered at a single session. It is not necessary for the declaration to precede the acceptance, except according to the Hanbalis.5 A person who knows Arabic must pronounce the formula in that language, but those who do not know Arabic may employ equivalent terms in their own language. A mute may employ sign language.
B. The Persons (mahall)
The man and woman must be free of all shar'i hindrances to their marriage, as explained below. The identity of the spouses must be clearly specified. Thus, for example, if the guardian (below, C) should say: 'I give one of my two daughters to you in marriage', and the man should accept, the contract is invalid.
A woman may not marry a husband who is not 'equal' (kafa) to her. According to the Shi'a , this means only that the woman's husband must be a Muslim.6 The Sunni schools add equality in terms of various social considerations. Not only must the man be a Muslim, he must also have a social standing at least equal to the woman's.
In other words, she may not marry anyone below her rank in society, though a man may do so. 'Equality' here is defined in terms of a number of factors which differ slightly among the four schools. The Hanafis mention Islam, lineage, profession, liberty (as opposed to slavery), piety, and property. The Shafi'is list lineage, religion, and profession, differing only slightly in the words employed from the Hanbalis. The Malikis mention piety and freedom from physical defects detrimental to marriage.7
A man and woman may be forbidden from marrying for several reasons:
1. Blood relationship (qaraba). A man may not marry the following women: (a) His mother or any of his grandmothers; (b) His daughter or granddaughters, no matter how far removed; (c) His sister; (d) His nieces, his aunts, or his great aunts.
2. Relationship by marriage (musahara). A man may not marry: (a) The mother or grandmothers of his wife; (b) The daughter, granddaughter, etc., of a wife with whom his marriage has been consummated; (c) The ex-wife of his son, grandson, etc.; (d) The ex-wife of his father, grandfather, etc.
3. There are certain women whom a man may marry singly, but not at the same time. These are (a) two sisters, and (b) a woman and the sister of her mother or father. In the second case, the Shi'a take exception to the four Sunni schools by saying that if the aunt agrees to share her husband with her niece, the contract is valid.8
Except for the daughter of his wife, in the three other instances of relationship by marriage, the women become forbidden to the man as soon as the marriage contract is concluded; consummation of the marriage is not necessary. But if a man wants to marry the daughter of a wife with whom he has not consummated his marriage, he can do so if he first divorces the wife.
Once the marriage has been consummated, the wife's daughter is forbidden to him forever, whether or not the marriage contract is valid. If a man should marry both a woman and her daughter or two sisters in a single contract, both marriages are invalid. In both cases, should he first marry one and then the other, the first contract is valid and the second void.
The schools of law differ as to what exactly establishes the unmarriageability of a woman as the result of a relationship by marriage. For the Hanafis, unmarriageability is established by a valid marriage contract, sexual intercourse in whatever context (i.e. whether as the result of a valid contract, an invalid one, or fornication), love play, or looking at the private parts of a person of the opposite sex.9
The Shafi'is hold that unmarriageability is established only by a valid marriage contract or by the consummation of an invalid marriage contract. They do not consider any other factors, such as fornication or love play, as sufficient to establish unmarriageability.10
The Maliki position is the same as the Hanafi, except in the case of fornication; like the Shafi'is, the Malikis hold that no honor or respect can be paid to fornication.11 In the Hanbali view an invalid contract, like a valid one, results in unmarriageability, as does sexual intercourse.12 The Shi'a hold the same position as the Shafi'is except that the opinion of the 'ulama's split on fornication; one group says that it results in unmarriageability, another group says it does not.13
4. Foster relationships because of suckling (rida'). In establishing unmarriageability, a foster mother who suckles an infant is considered exactly as the infant's real mother, provided that all the shar'i conditions for this relationship are fulfilled, as detailed below. In other words, the children of the foster mother are considered as the child's siblings and all of her other relatives are considered exactly as if they were truly the child's relatives by blood or marriage.
The Shi'a and Hanbalis hold that the mother's milk must have been the result of pregnancy from marriage.14 The Shafi'is hold that the mere physical possibility of pregnancy is sufficient. Thus, for example, if a married nine year old girl should have begun menstruation and her breasts produce milk, and if she should provide milk for a foster child, the shar'i foster relationship is established.15
The Malikis and the Hanafis maintain that it is only necessary for the woman to have given milk for the relationship to be established; it makes no difference if she should also be an unmarried virgin, or if she is too young to marry or too old to bear children.16
According to the Hanbali and Shafi'i schools, if the foster mother should have become pregnant through fornication, the relationship of unmarriageability is established only with the mother's blood relatives, not with the father's, since he has no legitimate relationship with the mother. The Hanafi and Maliki schools say that unmarriageability is established also with the father's relatives. 17 The Shi'a hold that in the case of fornication no relationship of unmarriageability is established whatsoever, since fornication deserves no respect.18
According to four of the schools, the foster child must have been suckled before it reaches two years of age for unmarriageability to be established. The Malikis set the age at two years and two months.19
According to all the schools, the milk must have entered the infant's stomach.
The Shi'a hold that the infant must have suckled at the breast of the foster mother. Hence, if the milk is placed in a container and fed to the child, the foster relationship is not established.20 The Sunni schools hold that the means of drinking the milk is irrelevant.
The schools differ as to how many times milk must be drunk. The Shafi'i and Hanbali schools hold that the infant must suckle at least five times.21 The Shi'a hold that it must suckle over a period of twenty-four hours or at least fifteen times, and each time it must drink a quantity of milk that would customarily be called a 'feeding'.22 According to the Hanafis and Malikis, a single act of suckling, even if the infant drinks only one drop of milk, is sufficient to establish the relationship.23
The Shafi'is and the Shi'a add that the foster mother must be alive when the milk is drunk.24 The other schools hold that even if for some reason an infant should suckle at the breast of a corpse, the foster relationship will be established.25
5. Religious difference. A woman may not marry a non-Muslim. In Sunnism, a man may marry a woman who is one of the 'People of the Book' (ahl al-kitab, i.e., Christians, Jews, and other religions with revealed scriptures). But in Shi'a m a man may not contract a permanent marriage with a non-Muslim, though he may marry one of the People of the Book temporarily.26 If either of the spouses should become an apostate, the marriage is automatically annulled.
6. Maximum number of wives. A man may not have more than four wives at one time. If a man should divorce one of his wives, he cannot remarry until her waiting period (below, IV) is completed, unless the divorce should be of the irrevocable type (ba'in, see below under III).
7. Divorce. If a man should have divorced his wife irrevocably, she is forbidden to him forever, unless she should marry another man and obtain a divorce from him. Once the woman's waiting period has expired, she may remarry her first husband. The woman's husband is known as the muhallill, 'he who makes [marriage to her first husband] lawful'. The marriage with the muJ:tallil must be consummated.27
8. Sworn allegation. Having annulled his marriage through 'sworn allegation' (li'an, below, VII), a man may never remarry the woman.
C. Guardianship (wilaya)
The legal guardian in the marriage contract may be the father, the father's father (Hanafi, Shafi'i, Shi'i), the executor of the father's will concerning the marriage (wasi), the governor of the town (hakim) in case of the nonexistence of the others (Hanbali), and the owner of a slave (Maliki). The mother has no guardianship except in the Hanafi School, which holds that if there is no close male relative, close female relatives may assume the guardianship and conclude the marriage contract. 28
In the Maliki and Shafi'i schools, the participation of the legal guardian is one of the pillars of the marriage; in the Hanbali School it is a condition (shart) of the contract, which means that if the contract is concluded without the guardian, it will be valid only on condition that the guardian gives permission afterwards.29 Hence in these three schools the woman does not have the right to conclude a marriage contract without the participation of her guardian.30
In the Shi'i and Hanafi schools the presence of the guardian is required only at the marriage contract of a girl not of age, that is, one who has not yet reached puberty (saghira), or of an incompetent or insane girl or woman of age.
In both these schools a girl who is physically mature may marry whomsoever she wishes, and the validity of the contract is not conditional upon the presence of the guardian.31 However, the Hanafis add that since social equality (kafa') is a condition for a valid contract, a guardian may annul a contract concluded by a woman on her own behalf with an unequal man.32
In the Maliki, Hanbali, and Shafi'i schools, the guardian may give a virgin in marriage without her consent, whether or not she is of age. But a woman or girl who has been married before may not be given in marriage without her permission.33 The Hanafis and Shi'a hold that only a girl not of age may be given in marriage without her consent.34 The Shafi'is add here that if an underage girl has already been married, she may not be given in marriage again until she comes of age.35
The regulations of guardianship also apply to boys not of age (saghir) and mentally incompetent men.36
D. Witnesses (Shahid)
The Shafi'i, Hanbali, and Hanafi schools hold that the presence of two witnesses is a pillar of marriage and that without their presence, the contract is invalid.37 The Malikis hold that the presence of two witnesses is necessary at the time of the marriage's consummation (dukhul), but not during the contract, when their presence is merely recommended.38 The Shi'a maintain that the presence of one or more witnesses is not a pillar of the contract, so a man and woman may conclude a contract secretly if they so wish.39
II. The Statutes Of Marriage
A. The Dower (mahr)
Whenever a man marries a woman, he must give her a dower in return for the sexual gratification he is to receive. The dower must consist of a specified amount of property, cash, or profit. It must be ritually pure and owned by the husband. All schools agree that the dower does not have to be mentioned in the contract. If it is mentioned and does not fulfill the conditions required for dowers, the contract is valid but the dower must be corrected.
There are two kinds of dower. The 'specified dower' (al-mahr al-musamma) is one upon which the man and the woman agree. The 'normal dower' (a!-mahr a!-mathal) is what the woman receives if she cannot come to an agreement with her husband over the specified dower, or if for some reason the specified dower should be invalid. The normal dower is the amount of property, in cash or kind, which other women of the same social status, age, beauty, etc., are receiving in the society of the time.
According to four of the schools, as soon as the marriage contract is concluded, the woman becomes the owner of the whole dower; the Malikis maintain that only one-half of the dower belongs to her at this point.40 Should the wife demand the dower from her husband immediately, he must pay it to her; but if he should divorce her before consummation and she has not yet taken the dower, he only has to pay her one-half.
In all schools, consummation of the marriage or the death of one of the spouses necessitates payment of the full dower. The Malikis add that if the wife should live with her husband at least one year, there being no hindrance to consummation of the marriage, he must pay the full dower.41 The Hanafis maintain that it is sufficient for the man to be alone with his wife on one occasion when there is no hindrance to consummation.42 According to the Hanbalis, being alone with the wife, love play, and seeing her private parts are all sufficient cause for the payment of the whole dower.43
Before consummation of the marriage, payment of all or part of the dower may be nullified for the following reasons:
1. One-half is nullified through divorce.
2. If the woman should become an apostate, she loses the whole dower.
3. If the man should become an apostate, the marriage is void, but he still must pay one-half the dower.
4. If the man or woman should annul the marriage because of physical disability or deception by the partner, she forfeits the whole dower; however, the Shi'a hold that if the woman should annul the marriage by reason of the man's impotence, she will be entitled to one-half the dower.44
5. If a man and woman should suddenly become forbidden to each other through the establishment of some relationship, e.g. a foster relationship, where the woman is not at fault, she receives one-half the dower; if she is at fault she loses all of it.
According to the Maliki, Hanbali, and Shi'i schools, if the marriage contract should be invalid but copulation takes place, the woman is entitled to the specified dower.45 The Shafi'is hold that in such a case, she receives the normal dower.46 The Hanafis rule that she will receive whichever of the two dowers is less.47 In a case of 'mistaken intercourse' (waty a!-shubha), where copulation takes place because the man and woman mistakenly believe themselves to be husband and wife, the woman is entitled to the normal dower.
The woman may refrain from sexual intercourse as long as she has not received the dower. In such a case the man may not claim conjugal rights unless it was explicitly stated in the marriage contract that the dower would be paid at some later date.
But if the woman should accept intercourse before receiving the dower, from then on she may not refuse her husband, unless it is proven that he has no ability to pay the dower; here the Shi'a take exception, holding that once the marriage is consummated, the wife may not refuse intercourse because of the husband's inability to pay the dower.48
The Hanbalis, Shafi'is, and Malikis say that if the husband's inability to pay is proven before consummation, the woman may annul the marriage; with the exception of the Hanbalis, they hold that she may not do so after consummation, since her willingness to engage in sexual intercourse proves that she accepted the marriage's validity; the Hanbalis say the woman may annul the marriage even after consummation.49 The Hanafis and Shi'a hold that the woman may not annul the marriage, but she may refuse to engage in intercourse.50
If the woman should decide to return part or all of her dower to her husband, he is then free from the obligation to pay it to her.
B. Support (nafaqa)
Once the woman has taken up residence with her husband, he must support her in a mode corresponding to the support received by her equals. Support includes such things as food, clothing, shelter, and other necessities. Payment of the dower becomes incumbent on the husband as a result of the marriage contract, but payment of support only becomes incumbent as a result of the contract and the wife's obedience to her husband. If the wife does not obey her husband, he is not obliged to support her.
Here it should be kept in mind that in Islamic society a wife must 'obey' her husband only within the shar'i limits, which is to say that the woman obeys the man on condition that he is obeying God. Should he tell her to do something not sanctioned by the sharia her duty is to follow God, not her husband.
A woman who is in the 'waiting period' (below, IV) after having been divorced, but not irrevocably, by her husband, is entitled to support, since she is still his wife. A woman who is in the waiting period of irrevocable divorce must be supported only if she is pregnant.
According to the Hanbalis, Malikis, and Shafi'is, if it is proven that the man does not have the ability to support his wife with the necessities of life, she has the right to seek to annul the marriage through a qadi (shar'i judge). The Hanafis and Shi'a maintain that a woman not adequately supported by her husband may complain to a qadi, who must then take whatever action he thinks necessary to rectify the situation, e.g., pursuading the husband to take employment.51
C. Annulment (faskh)
Any time a spouse has certain specified physical or mental disabilities which make continuation of the marriage difficult, the other spouse may annul the marriage. These disabilities vary according to the different schools.
All schools except the Hanafi list insanity, emasculation, and impotence for the men, and insanity, leprosy, and a blocked vagina for the wife; each of them except the Hanafi then adds various other disabilities of the same sort. In the Hanafi school the wife has the right to annul the marriage only for the three grounds listed, while the husband has no grounds for annulment on the basis of disabilities.52
The spouse who discovers a disability in the other spouse must exercise the right of annulment immediately or lose the right. Similarly, if there was knowledge of the disability before the marriage, the marriage is in effect an expression of satisfaction with the disability, so there is no grounds for annulment; however, the Shafi'is and Malikis hold that a woman's knowledge of the man's impotence before marriage does not effect her right to annul the marriage.53 If the annulment takes place before consummation, the wife receives no dower; if the marriage has been consummated, she receives the full dower.
All schools agree that disabilities which existed before the marriage are grounds for annulment, but there is a difference of opinion about disabilities which appear after the marriage. The Malikis hold that in the case of such later disabilities, the wife-but not the husband-has the right to annulment before consummation, so long as the husband was healthy before the marriage; however, in the case of insanity and leprosy, the husband has one year in which to undergo treatment, If he is not cured in one year, the annulment takes place,54
All schools agree that a full year is needed before the man can be judged impotent; after a year, the annulment takes place, The Shafi'is and Hanbalis maintain that both spouses retain the right to annulment, whether before or after consummation, The Sunni schools agree that the annulment should be declared by a qadi.
The Shi'a say that disabilities occurring after marriage do not establish grounds for annulment, with the exception of the husband's insanity, which is grounds for annulment even after consummation; as for impotence, the wife should seek the qadis pronouncement of the one year period, but then she herself annuls the marriage.55
III. Divorce (Talaq)
The pillars of divorce differ according to the schools. The Hanafis and Hanbalis hold that there is only one pillar, i,e., the formula through which it takes place. In the view of the Shafi'is and Malikis, the pillars are (I) the existence of the husband and the wife, (2) the formula of divorce, and (3) the intention.56
The Shi'a maintain that the pillars are (1) the husband and wife, (2) the formula, and (3) two witnesses,57 The husband may divorce the wife, but not the reverse. In contrast to marriage, the wife's consent is not necessary.
The man must be in possession of his rational faculties, have reached physical maturity (except in the Hanbali view), and be acting of his own free will (except according to the Hanafis). The Hanbalis maintain that a youth who has not reached puberty but who understands the meaning of divorce and its consequences may divorce his wife of his own accord; the Hanafis say that even if the formula is pronounced under duress, it is still valid.58 To the views shared with the other schools, the Shi'a add that the husband must pronounce the formula with the intent of divorcing his wife, although unlike the Shafi'is and Malikis, they do not make this a pillar of divorce.59
The wife must be a free woman, a permanent wife, and faithful, since there is no divorce in the case of a slave woman, a temporary wife (in Shi'a m), or an adulteress.
The man must employ words in the formula that denote divorce directly or indirectly, though the Shi'a hold that the word 'divorce' itself must be employed. A dumb man may divorce his wife through gestures. The Malikis and Hanafis hold that a man may divorce his wife in writing.
The formula must be pronounced three times in the manner described below.
Divorce has two general categories depending on the time the man chooses to pronounce the formula: 'traditional' (sunni) divorce, which is permitted, and 'non-traditional' (bid'i) divorce, which is prohibited.
Whether divorce is traditional or non-traditional depends upon the woman's state of ritual purity when the man pronounces the formula and his manner of reciting the formula. During menstruation and confinement after childbirth a woman is ritually impure, and she does not become pure again until her situation changes and she performs the major ablution (ghusl).
For the traditional divorce to take place, she must be in a state of ritual purity and her husband must not have had sexual intercourse with her during her last menstrual period (this condition is added for reasons of precision, even though sexual intercourse during that time is forbidden) or from the time she performed the major ablution after her period or confinement.
According to the Shi'a , if the woman is in the state known as mustaraba (i,e., she is approaching menopause, her menstrual period is delayed, and she mayor may not be pregnant), the husband must wait three months in order to determine her condition, and only then can he divorce her.60 The man must pronounce the formula on three separate occasions separated by a specific period of time, as explained below.
Although non-traditional divorce is forbidden with certain exceptions in the view of some schools, it may still take place. It is divided into several kinds: A divorce given while the woman is in (I) her menstrual period or (2) confinement, (3) A divorce given by pronouncing the formula three times on a single occasion; here the Shafi'is maintain that this form of divorce is permissible.61 (4) Divorce when the woman is ritually pure after menstruation, but sexual intercourse has taken place; the Malikis hold that this form of divorce is not forbidden, only reprehensible (makruh ).
In spite of the fact that non-traditional divorce is forbidden, the Sunnis hold that the formula pronounced under any of the above conditions is still valid. However, the Hanafis and Malikis say that the man must return to his wife and consider himself as her husband; if he still desires to divorce her; he must wait until she has purified herself after her second menstrual period from the time he originally pronounced the formula and then pronounce it once more. If the man does not return to his wife, the divorce is valid, but the man has then definitely sinned against the shari'a; however, no punishment is to be inflicted in this world before the Day of Judgment,62
The Shi'a maintain that non-traditional divorce is invalid, with the exception of the form in which a man pronounces the formula three times at once; such a divorce is then irrevocable.63
In certain cases, the temporal categories delineated by 'traditional' and 'non-traditional' do not apply. Thus a man may divorce at any time a woman with whom he has not consummated the marriage, a girl who has not reached puberty, a woman who has reached menopause, and a pregnant wife. In three of the schools, these types of divorce are considered traditional, while the Shafi'is and Hanbalis hold that they are outside the classification.64
According to three of the schools, divorce initiated by the wife (khul' and mubarat, discussed below), divorce as a result of 'forswearing' (I'la, below V), and divorce ordered by a qadi have no temporal conditions. The Malikis and Shi'a hold that these are types of traditional divorce with the same temporal conditions.65
For a divorce to become final, in most cases the man must pronounce the formula on three different occasions, as described below. Technically, his first and second pronouncements are also divorces, but they are 'revocable' (rij'i). Hence, divorce may be divided into the revocable and irrevocable (ba'in) forms. In the following cases, divorce is irrevocable:
I. The divorce of a wife with whom marriage has not been consummated.
2. The divorce of a wife who has not yet reached puberty.
3. The divorce of a wife who has reached menopause.
4. Divorce initiated by the wife (khul' and mubarat ).
5. The third divorce after two revocable divorces.
Once an irrevocable divorce has taken place, a man may not remarry his wife unless she first marries another man and consummates the marriage; having been divorced irrevocably from her second husband, she may then remarry her first.
The second husband is known as the muhallil, as mentioned above. In such a situation, it would be normal practice for some sort of agreement to be made between the wife and her second husband. However, it is not permissible for a condition of subsequent divorce to be entered into the marriage contract. Outwardly the contract must be the same as for any permanent marriage.66
A woman who has been revocably divorced keeps the status of wife, and the husband may return to her and have sexual intercourse with her if he so wishes. But according to the Malikis, he must make the mental intention of returning to her before doing so; and according to the Shafi'is, he must express the intention verbally to his wife.67
It is permissible to include a condition of divorce in the marriage contract in certain cases. Hence, for example, a wife may stipulate that if her husband should marry a second wife, she will have the right to be divorced.
Although only the man has the right to pronounce the formula of divorce, the woman may take the initiative in khul' and mubarat. These two terms are almost synonymous, but in the case of khul', the wife must have an aversion to her husband; in muharat, there should be mutual aversion. In each case the wife agrees to pay her husband a certain amount of property in cash or kind if he divorces her.
According to the Shi'a , the amount in muharat must not exceed the amount of the dower, while in khul' there are no conditions on the amount, These divorces are irrevocable, except according to the Shi'a , who hold that during her waiting period the woman may take back her property from her husband, in which case he has the right to conjugal relations.68 The Hanbalis maintain that khul' is a form of annulment, not divorce.69
Since these types of divorces are in reality a kind of contract, they require a declaration (ijab) and an acceptance (qabul). The woman must say something like: 'Divorce me in exchange for such and such', while the man must answer something like: 'I accept' or 'I divorce you'. The Sunnis hold that the husband may employ any number of words in the formula, such as 'divorce' or words derived from the same roots as khul' and muharat. The Shi'a say that the word 'divorce' itself must be employed.70
According to the Sunni schools, a third party may initiate a khul' divorce. In other words, he may offer the husband a sum in exchange for which the husband will divorce his wife. The Shi'a maintain that this is forbidden.71
The schools discuss in detail the nature of the property which may be exchanged in khul' and mubarat, differing on many minor points. In general it must be lawful and intrinsically valuable, like the property which constitutes the dower. If not, the divorce will be valid, but there is then a difference of opinion as to whether it is revocable or irrevocable.
IV. The Waiting Period ('Idda)
When a woman is divorced or her husband dies, she must wait for a prescribed period of time before she can remarry.
If the woman's husband has died, the waiting period differs according to whether or not she is pregnant; if she is not, she must wait four months and ten days. Such things as her physical maturity, whether or not she has reached menopause, and whether or not the marriage has been consummated are irrelevant.
If the woman is pregnant, according to the Sunnis her waiting period terminates when she gives birth to the child; according to the Shi'a , she must wait either four months and ten days or the term of her pregnancy, whichever is longer.72
If a woman's husband should be away on a journey when she hears of his death, according to the Sunni schools her waiting period begins on the date of his death; the Shi'a hold that it begins on the day she receives the news.73
The waiting period for divorce differs according to circumstances and the views of the different schools. A woman with whom the marriage has not been consummated has no waiting period. A girl less than nine years old has no waiting period according to the Hanbalis and the Shi'a; but the Malikis and Shafi'is hold that if she was mature enough to participate in sexual relations, she must wait three months; the Hanafis hold that in any case her waiting period is three months.
A woman who has gone through menopause must wait three months in the view of the Sunni schools, but the Shi'a say that she has no waiting period. A woman who menstruates and who is not pregnant must wait either three tuhrs (periods of purification after menstruation) according to the Shi'a , Malikis, and Shafi'is, or three menstrual periods according to the Hanafis and Hanbalis. A woman who is old enough to menstruate but who does not or who is in the state of mustaraha must wait three months. A woman who is pregnant must wait until she has delivered her child.74
V. Forswearing (Ila')
'Forswearing' means to swear an oath in God's name not to have sexual relations with one's wife, either absolutely, or for a period of more than four months. Since the sharia forbids a husband from refraining from sexual intercourse with his wife for more than four months, once the four months have passed, the wife has a valid reason to have recourse to a qadhi.
If the husband should break the oath, he must pay the expiation (kaffara) set by the law for the breaking of an oath. If he holds to his oath and the four months pass, the wife may go before a qadi and request that he clarify her marital situation. According to the wife's wishes, the qadi will either order the husband to return to his wife or to divorce her.
If the husband is ordered to return to her but refuses, the qadi will then order him to divorce her. If he also refuses that, the qadil will grant her a revocable divorce.
The Shi'a differ here by holding that the qadi does not have the right to grant divorce in the husband's stead; however, he can force the husband-by imprisonment or other means at his disposal-to take one of the two courses open to him, i.e., to return to her or divorce her.75 The Hanafis say that once the period of the husband's oath comes to an end, the woman is divorced irrevocably, without any need for the husband's pronouncement of the formula.76 The Shi'a hold that forswearing may not take place in the case of a virgin.77 The Sunni schools disagree and add that if her husband divorces her, the divorce is irrevocable.
VI. Zihar
In pre-Islamic times the Arabs practiced a form of divorce which amounted to the husband's reciting the formula, 'You are to me as my mother's back (zahr)', a practice referred to as zihar. Although Islam forbids zihar (cf. Qur'an 33:4, 58:2), if a man should recite this formula to his wife--or an equivalent formula, by substituting a reference to any other female forbidden to him-sexual intercourse with his wife is forbidden to him. Zihar's conditions are the same as those of divorce; hence in Shi'a m two witnesses must hear the formula recited.
VII. Sworn Allegation (Li'an)
'Sworn allegation' is a procedure whereby a man may take his wife before a qadi and either accuse her of infidelity or deny his fathering her child. The man then pronounces this formula four times: 'I testify before God that I speak the truth concerning what I say about this woman.' The qadi will then counsel the man concerning the gravity of his accusation. If he should repent of his words, he will receive the punishment for false accusation (eighty lashes). If he maintains the truth of his accusation, he must repeat a second formula four times: 'God's curse be upon me if I am a liar'.
The judge then turns to the wife. She may either face the penalty for adultery (stoning to death) or repeat this formula four times: 'I testify before God that he is a liar'. The judge will counsel her concerning the gravity of falsely swearing before God. If she continues to maintain her innocence, she must pronounce a second formula four times: 'God's wrath be upon me if he is telling the truth '. If she refuses to pronounce the formula, she will suffer the penalty for adultery.
After sworn allegation, the man and woman are forbidden to each other forever, without divorce. If the husband denies the parentage of a child, the child is illegitimate. If the man should ever repent of his allegation, he must suffer the penalty for false accusation. In case a child is involved, its legitimacy will then be restored; according to the Sunnis, in such a case the father and the child inherit from each other, but according to the Shi'a , the father may not inherit from the child.78 The woman continues to be forbidden to the man.
VIII. Inheritance (Mirath)
Husband and wife inherit from each other according to set rules. The only condition for inheritance is a valid marriage contract, not consummation of the marriage.
If the wife should die childless, the husband inherits one-half of her property; if she had a child or children, he inherits one-fourth. If the husband should die childless, the wife inherits one-fourth of her property; if he had children, she inherits one-eighth.
If the deceased wife should have no other relatives, all property goes to the husband. If the deceased husband should have no other relatives, the wife will inherit one-half the property and the rest will go to the bayt al-mal (the community treasury), except according to one of two Shi'i opinions, which holds that she inherits all the property.79 If the deceased husband had more than one wife, the wife's share is divided among them equally.
The husband inherits from everything left by the wife. According to the Sunni schools, the wife also inherits from everything left by the husband; in general the Shi'a hold that if she does not have any children from the husband, she inherits from all property except land, though she does inherit from the value of property situated upon the land, such as buildings, trees, implements, etc.80
If a woman should be in a period of revocable divorce when she or her husband dies, her situation is the same as that of an ordinary wife. But when irrevocable divorce has taken place, there is no inheritance, with the exception of divorce during illness.
If the husband should be ill and divorce his wife irrevocably, and if she should then die, he does not inherit from her; but if the husband should die as a result of the illness, the schools differ as to the situation.
The Hanbalis hold that the wife inherits as long as she has not remarried. The Hanafis say that she inherits as long as she is still in her waiting period. The Malikis hold that she inherits in any case. The Shafi'is have two opinions, one that there is no inheritance, the other that the situation is as the Hanafis say. The Shi'a maintain that she may inherit within one year of the divorce provided she has not remarried.81
- 1. 'Abd al-Rahman al-Jaziri, al-Fiqh 'ala al-madhahib al-arba'a (hereafter cited as Fiqh), Cairo, 1969, IV, 24.
- 2. Al-Shahid al Thani (Zayn al-Din Muhammad ibn 'Ali al-Jab'i al-'Amili [d. 965/1558]), al-Rawdat al-bahiyya fi sharh al-lum'at al-Dimashqiyya (hereafter cited as Sharh al-luma), Beirut, 1967, v, 108.
- 3. Fiqh, IV, 13.
- 4. Ibid., 18.
- 5. Ibid., 25.
- 6. Sharh al-lum'a. v. 234.
- 7. Fiqh, IV, 54-60.
- 8. Sharh al-lum'a, V, 181; Muhammad 'Ali al-Tabataba'i (d. 1231/1816), Riyad al-masail (also known as al-Sharh al-Kabir), Tabriz, 1308/1890-9 1,II, 94.
- 9. Fiqh, IV, 63.
- 10. Ibid.,65.
- 11. Ibid.,66.
- 12. Ibid.,67-68.
- 13. Sharh al-lum'a, v, 176-82; Riyad, II,96-97.
- 14. Fiqh, IV, 268; Riyad, II, 86.
- 15. Fiqh, IV, 256.
- 16. Ibid.,253-55.
- 17. Ibid.,268-69.
- 18. Riyad, II, 86.
- 19. Fiqh, IV, 253.
- 20. Riyad, II, 86.
- 21. Fiqh,lv,257.
- 22. Riyad, II, 87.
- 23. Fiqh,IV, 257.
- 24. Ibid., 256; Sharh al-lum'a, II, 63.
- 25. Fiqh, IV, 254,255, and 261.
- 26. Sharh al-lum'a, v, 156; Riyad, II, 105-06.
- 27. Fiqh, IV, 77-84; Riyad, II, 181; Sharh al-lum'a, VI, 46.
- 28. Fiqh,IV, 27.
- 29. Ibid., 46--47.
- 30. The major sources for this ruling are two hadith: 'If any of your women marry without the permission ofher guardian, the marriage is invalid (batil)' (Abu Dawud, Nikah 19; al-Darimi, Nikah 11). 'A woman may not be given in marriage by a woman, nor may a woman give herself in marriage' (Ibn Maja, Nikah 15 Malik, Nikah 5).
- 31. Fiqh, IV, 46--47; Sharh al-lum'a, V, 112; Muhammad b. al-Hasan al-Hurr al-'Amili (d. 1104-1693), Wasa'il al-shi'a, Tehran, 1385/1965-66, XIV, 220-221, hadith 1-3.
- 32. Fiqh, IV, 46.
- 33. Ibid.,51-52.
- 34. Ibid., Sharh al-lum'a, v, 116.
- 35. Fiqh, IV, 51-52.
- 36. Ibid.,51.
- 37. Ibid.,25.
- 38. Ibid.
- 39. Sharh al-lum'a, V, 112; Riyad, II, 70.
- 40. Fiqh, IV, 108.
- 41. Ibid.,109.
- 42. Ibid., III.
- 43. Ibid.,115.
- 44. Sharh al-lum'a, II, 101; Riyad, II, 135.
- 45. Fiqh, IV, 120-21; Sharh al-lum'a, II,101; Riyad, II, 135.
- 46. Fiqh, IV,118.
- 47. Ibid.,116.
- 48. Sharh al-lum'a, v, 371-72; Riyad, II, 149
- 49. Fiqh, IV, 165.
- 50. Ibid., 163; Riyad, II, 109-10.
- 51. Fiqh, IV, 581; Sharh al-lum'a, v, 237-38; Riyad, II, 109-10.
- 52. Fiqh, IV, 189-92.
- 53. Ibid.,197.
- 54. Ibid.,181-98.
- 55. Sharh al-lum'a, v, 387; Riyad, II, 132-35.
- 56. Fiqh,IV, 280.
- 57. Sharh al-lum'a,vi, 11; Riyad,II, 168-75.
- 58. Fiqh, IV, 284
- 59. Sharh al-lum'a, VI, 14-21; Riyad, II, 172.
- 60. Riyad, II,171.
- 61. Fiqh,IV,297.
- 62. Ibid.,310.
- 63. Sharh al-lum'a, VI, 31-32; Riyad, II, 176.
- 64. Fiqh, IV, 305, and 307.
- 65. Ibid., 302; Sharh al-lum'a, VI, 36-37; Riyad, II. 176.
- 66. The necessity for the muhallil is established by Qur'an 2:230. And if he divorces her finally, she shall not be lawful to him after that, until she marries another husband. If he divorces her, then it is no fault in them to return to each other.'
- 67. Fiqh, IV, 435-41.
- 68. Sharh al-lum'a, VI, 104-07; Riyad, II, 196.
- 69. Fiqh, IV, 424.
- 70. Sharh al-lum'a, VI, 87-89, and 111-13; Riyad, II, 107.
- 71. Sharh al-lum'a, VI, 90-95.
- 72. Ibid., 62-63; Riyad, II, 187.
- 73. Sharh al-lum'a, VI, 65-66; Riyad, II, 188.
- 74. Fiqh, IV, 540-52; Sharh al-lum'a, VI, 57-65; Riyad, II,183-86.
- 75. Sharh al-lum'a, VI, 160; Riyad, II, 123.
- 76. Fiqh, IV, 485.
- 77. Riyad, II,122.
- 78. Sharh al-lum'a, VI, 210-12; Riyad, II, 217-18.
- 79. Sharh al-lum'a, VIII, 65-66; Riyad, II, 366.
- 80. Sharh al-lum'a, VIII, 172 74; Riyad, II, 367.
- 81. Sharh al-lum'a, VIII, 172; Riyad, II, 367, 369.


text:
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Churches face challenges in paying their clergy and financing church projects. The transition from missionary support to self-reliance, self-propagating and self governance has seen many local churches face financial constraints. One of the ways of financial sustainability is through Savings and Credit Cooperative Societies (SACCOs.The main purpose of the study was to determine the effect of KAG-SACCO in raising the income of the clergy, members and churches in Gusii District of Kenya Assemblies of God Church. The study objectives were to: determine the sources of church funding in KAG-Gusii District, determine the level of saving in the KAG–SACCO, determine the amount of funds borrowed from KAG–SACCO by Gusii District, determine whether income has improved after investment used by money borrowed from KAG-SACCO and determine the default rate among those who have borrowed from KAG-SACCO. The population of the study was 74 members and six departments. Descriptive research design was used. The study use census sampling procedure. An open ended questionnaire was used for data collection. Descriptive statistics was used for data analysis. The study findings were; 99% churches in Gusii District depended on their tithe and offering for church funding while only 1% of the churches relied on KAG-SACCO for funding, the level of saving in KAG- SACCO in Gusii was low as evidenced by only 14 % of respondents with over 50,000kshs of share, only 17% of respondent had borrowed over khs 50,000 kshs as loan to make significant economic impact, only 10 % of respondent reported income increase while 26 % of respondents got more poorer and 62 % reported no improvement in income and about 59% of borrowers had defaulted on loan repayment. The study concluded that the KAG SACCO had not led to economic transformation of SACCO members. The members needed to save more shares to borrow more loans and there was need to educate members of KAG SACCO on investment opportunities with returns.

subset: commoncrawl


text:
— Fiction —
An Unfinished Story
On Fridays the toddler is home with me, and it's difficult to find a pocket of writing time. We play, I do chores, we go out with friends. This Friday I was determined to put pen to paper. It marked the last regular round of Flash! Friday, a much loved flash fiction writing competition hosted… Read More An Unfinished Story


text:
MOSCOW: First supplies of S-400 Triumph long-range anti-aircraft missile systems to China are planned no earlier than in a year or a year-and-a-half, a source from the Russian system of military-technical cooperation told Tass on Thursday.
"Supplies are planned no earlier than in a year, or more likely, in a year-and-a-half," the source said. The signing of a contract for the supply of S-400 to Beijing was officially announced in the spring of 2015.
"I would not disclose the contract details, but yes, China has indeed become the first buyer of the Russian newest air defence system, which only emphasizes the strategic level of our relations," Director General of arms exporter Rosoboronexport Anatoly Isaykin said in April.
It became known later that India was planning to purchase 12 S-400 air defense missile systems.
The S-400 Triumph is a Russian-made long-and medium-range antiaircraft missile system designed to destroy all modern and advanced aerospace targets at a distance of up to 400 kilometers (248.5 miles).
The S-400 Triumph (NATO reporting name: SA-21 Growler) was developed as an upgrade of the S-300 series of surface-to-air missile systems. The system entered service in April 2007 and the first S-400 was deployed in combat in August 2007. Russia set up four S-400 regiments defending national airspace in the Moscow region, the Baltic exclave of Kaliningrad, and the Eastern Military District.


text:
Grinder - Chakalaka Salt - Ukuva iAfrica
Pure South African flavour alchemy: a flurry of light curry flavour - just enough to create a whiff of interest: Coriander, cumin, garlic, pepper, fennel, cinnamon, ginger, onion, chillie, cloves, mustard, fenugreek, bay leaves, turmeric oil, curry leaves and ginger oil.
Delicious with vegetables - tomatoes, peppers, aubergines, baby marrows, carrots, beans, corn, cabbage and asian greens - stir fried, baked, steamed, grilled and fried. Add a little just before cooking and a bit more at the table. An instant flavour boost for stews and vegetable bakes. Great on potatoes too!
Nice to know: Since 2003, we have paid 2,5% of the sales price of every product we sold, to the Fair Trade Trust that is used for the education of the workers (and their families) at the factories that make our products.
Also available from our on-line stores in South Africa and Switzerland...


text:
This is a sponsored guide and does not represent investment advice from CryptoCompare. Please do your due diligence when dealing with any Initial Coin Offering and never invest more than what you can afford to lose.
Healthcare is one of the most essential human necessities, its relevance is obviously invaluable to the general public. That's probably why the healthcare industry is one of the largest and most complex sectors in the world's economy. According to the Deloitte's Global Outlook for 2017, health care spending increases shall range between 2.4% and 7.5% between 2015 to 2020. This is mainly due to 'infrastructure issues, making it increasingly difficult for public health care systems to sustain current levels of service and affordability'. Some of the major problems affecting the healthcare sector include lack of resources, low accessibility, high costs, and privacy and security issues. The discrepancy of quality of care, availability of infrastructure and expertise between the private and public healthcare is also worth mentioning as one of the most alarming topics related to the industry.
Blockchain technology may be the answer to these concerns and may be the most efficient means of bridging the gap between the private and public health care.
What is Healthureum?
That's where Healthureum comes in. Through the use of the Ethereum blockchain and smart contract technology, Healthureum intends to bring standardization (which translates into interoperability), scalability, social responsibility, transparency, security, and most importantly accountability to the healthcare sector.
The benefits of using such technologies as stated on the Healthureum's whitepaper:
"The most important aspect of this technology is that every action is tracked with a date stamp which ensures reliability and accountability. This creates an opportunity to achieve standardization in health care levels by providing better access to data, services and expertise, through a decentralized platform. This move towards more scalable and efficient operating models can significantly improve the quality of healthcare and recovery timeframes while reducing waste, costs and resources required. Through standardization, collaboration and a decentralized ecosystem, blockchain technology can facilitate a more robust care system with competent caregivers delivering safe, responsive and efficient care."
Healthureum is a dynamic and multi-functional ecosystem of healthcare services leveraging the Ethereum blockchain. The Healthureum healthcare management systems perform a number of functions benefic both for healthcare organizations and patients while mitigating and in some cases completely eradicating the previously mentioned infrastructure issues.
How it works
By exploring the key issues from the angle of each party involved, Healthureum's innovative approach and available services can bring widespread efficiency and transparency across 5 core fields of healthcare.
Data systemization - Healthureum will enable the patients to consolidate all their data (Medical records, Personal data, Test results, Scans, X-rays, Treatment plans, Prescriptions, Referrals, Billing, Claims) and store it in a single platform which is secured with encrypted codes, keeping all the information private and safe.
Doctor Consults & Referrals - Through the Healthureum video consultation patients can obtain quick and easy access to a healthcare professional, who can guide you with treatment plans, prescriptions and referrals to a relevant and qualified practitioner in your locality. The Healthureum ecosystem will develop APIs enabling practitioners to access the permission data, and to integrate it with other organization systems, during the referral process, to ensure all care providers get a longitudinal view of the patient's medical health, thus improving efficiency.
Medical Infrastructure - Healthureum will integrate blockchain into medical infrastructure to measure the return on investment, the maintenance and upgradation, the demand and usage, and the supply chain and reliability. By tracking and assessing these aspects medical institutions may ensure adequate infrastructure to best serve their patients. This can be very beneficial particularly when looking at investment versus return, and in aiding hospitals in planning annual budgets and anticipating future capital outlay.
Research Programs - Research and learning are at the forefront of medical cures, hence Healthureum will include blockchain-based Research Programs to ensure that every piece of data is properly monitored, recorded and accessible in a scalable, secure and tamper-proof system. This will reduce the risk of external manipulation while aiding researchers and patients to track and measure any relevant data required for the program.
Philanthropic activities - Patients will also be able to fund social cause projects in the form of philanthropic activities. Healthureum will focus on promoting four key activities:
- Research programs to enable new medical breakthroughs.
- Innovation in the treatment of Cancer.
- Innovation in the treatment of Hepatitis and HIV AIDs.
- Medical infrastructure in technology-enabled devices.
Token and ICOThe Healthureum token, abbreviated as HHEM, is at the epicentre of the project and is primed to be used as the transactional medium of choice on the platform. Healthureum's ecosystem runs on the HHEM token whether it is to pay for Doctor consults and referrals, donate to philanthropic activities, or the reward given to participants offering their data for research purposes.
In order to fund their efforts, Healthureum is currently holding an ICO which started on the 26th of February, 2018. The ICO token supply represents 29% of the total token supply and the tokens will are available for $3.95 each at the offering. The ICO funding target is $15,000,000, the funding cap is $120,000,000 and is expected to end on the 1st of April, 2018 or when the funding cap is reached.
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text:
National Immunization Survey, 2015
By Ryan D. Van Ramshorst, MD, FAAP
San Antonio Pediatrician
Vaccination is one of the most critical tools I use in my practice to keep my patients and their families healthy. Vaccines prevent young children from becoming critically ill with influenza, reduce the risk for severe diarrhea from rotavirus, and keep devastating infectious diseases like measles at bay.
Texas Sees Measured Improvement in Child Vaccination Rates
The recently released 2015 National Immunization Survey (NIS) shows some promising results. Nationwide, the vaccination rates for children aged 19-35 months remained high and stable. In Texas, rates for MMR (measles, mumps, and rubella), hepatitis A and B, and rotavirus surpass those of our region and nationally.
Physicians work with other public health professionals to ensure vaccines continue to protect children and save lives. The NIS is conducted annually by the Centers for Disease Control and Prevention (CDC) to assess vaccine coverage rates in multiple age groups, including young children and teenagers. Such studies help ensure physicians are getting vaccines to those who need them most — children!
After a notable drop in vaccine coverage rates during 2013-14, Texas' coverage rates for most of the vaccines studied actually have increased when compared with 2014 levels. Some of the most notable increases were in completion of the combined vaccination series (a combination of seven recommended vaccines for children aged 19-35 months) and in rotavirus vaccine. Another encouraging result is that children who received no vaccinations remained at less than 1 percent nationwide.
The greatest opportunity for improvement on a national level involves ensuring adequate access to vaccines for children living below the poverty level. The 2015 NIS showed, for nearly each vaccination studied, that children in poverty lagged far behind children at or above poverty.
What do these results mean? Overall, it looks like we are doing an adequate job of ensuring children receive much-needed vaccinations. Texas has made some notable improvements in our vaccination coverage, and we should be proud of that. However, the notable disparity in vaccine coverage with relation to poverty is concerning.
Room for Improvement
Physicians should work with their communities and local policymakers to ensure widespread participation in the Vaccines for Children program, which provides vaccines to children who are uninsured, underinsured, or insured with public programs such as Medicaid and the Children's Health Insurance Program. Similarly, protections called for by the Affordable Care Act should be preserved at all costs. Such protections include requiring insurers to make vaccines available to children with no copayments or cost-sharing requirements when administered by an in-network provider. Finally, physicians can partner with communities, public health departments, and schools to host vaccination outreach activities, such as those offered through the Texas Medical Association's Be Wise — ImmunizeSM campaign. Together, we can ensure our children and communities continue to benefit from widespread vaccination coverage.
Be Wise — Immunize is a service mark of the Texas Medical Association.


text: Wiz Khalifa took to his Tumblr page as he seemed like he had some thoughts that he really wanted to get off his chest. Among them he admits that he went wrong creatively with his major label debut, Rolling Papers. According to Khalifa, the project was a move too drastic from what he previously created with Kush & OJ. He promises his next album, O.N.I.F.C., will be something speacial, as he's lived and learned from his earlier mistakes. He just hopes you continue to ride with him.


text:
According to this picture—found on the official German Apple website and still up at the moment—the iPod Touch supports unannounced Bluetooth. Look to the upper right corner near the battery gauge. Yup. Bluetooth. That is, unless Prince went back to symbol form, signed a contract with Apple and has his name stamped on every iPod Touch.
Either way, I'm good. [Gallery via fscklog via crunchgear]
Update: The iPod Touch does not have Bluetooth.


text:
Illinois flood conditions continue; more rain on the way
ALGONQUIN, Ill. — Flood conditions are expected to remain in areas of northern Illinois through Thursday as residents brace themselves for more rain.
The Fox River is expected to crest today, but will remain at major flood stage through Thursday. However, the long-term forecast shows 2 inches of rain through next week.
David Christensen, director of the McHenry County Emergency Management Agency, said more rain "is just going to prolong our recovery, and that's going to make it tougher."
Floodwaters began to recede during the weekend along the Des Plaines River.
Since last week, Illinois Gov. Bruce Rauner has issued disaster declarations for four counties due to flooding, including Cook County, which includes Chicago. The disaster proclamation makes a variety of state resources available, including sandbags.


text:
We are monitoring the weather conditions and will keep you updated. At this time, there are no indications we will not be able to have school tomorrow, should that change, we will let you know.
As always, if conditions near your house, flooding, power outages, electrical lines down, etc…, make it dangerous, please stay home, the absence will be excused. We want everyone to be safe!
Also, per our closing procedures, we will automatically be closed whenever Cobb closes, or whenever 2 of the following close: Bartow, Cherokee, Fulton, or Paulding.
Stay dry! 🙂


text:
It was July-hot outside of Octavia Wolf's classroom, but inside, 18 children were gathered on a rug around their teacher, who led them through a book about the life of undersea explorer Jacques Cousteau. As Wolf posed questions, hands shot up.
Students talked about Cousteau's early fascinations. His scuba gear. The fun he had doing flips underwater.
"He should stop doing tricks and start discovering stuff," said Julianna Lopez, 9, stirring ripples of laughter and sparking a spontaneous discussion of the discoveries that can be made through play.
Designed to help students catch up and stave off "summer slide" — when children lose ground in academics while school is out — Wolf's class at Sargent Shriver Elementary School in Silver Spring, Md., is part of an effort that goes beyond traditional summer school.
It blends math and literacy learning with field trips and activities such as theater, dance, art, technology, soccer, Legos and poetry. The program aims to help close the achievement gap that leaves many black and Hispanic students lagging on academic measures while also targeting the "opportunity gap" that leaves children from poorer families with less exposure to enriching summer experiences.
"Now I know I like poetry," said Santos Arevalo, 8. "I never knew I liked poetry."
More than 1,000 children from high-poverty schools in Montgomery County who fell short of benchmarks in math and reading are attending the five-week program. The students — rising third- and fourth-graders — say it's a lot like their regular school, but more varied and more fun.
[2015: Academic milestones show major achievement gaps in Montgomery]
"They make math into games," said 9-year-old Jairo Morales Umana, noting that sometimes math can be boring. He and others delighted in the summer's field trips, including visits to a farm and museums. "We got to pretend like we were spies," Jairo said of a trip to the International Spy Museum in the District.
The summer initiative, which plans to serve 4,200 children over four years, is supported through a public-private partnership that includes county government, the school system, the Norman and Ruth Rales Foundation and the nonprofit BELL (Building Educated Leaders for Life). BELL, which has been involved in such work since 1992, runs the Montgomery program and also has one focused on summer learning loss in Washington, part of a joint effort with the YMCA.
[D.C. students choose to enroll in summer school to stay on track]
"It is a real need for us," said Montgomery County Council Member Nancy Navarro (D-Mid-County), who led a push for a $750,000 appropriation for this year's program.
School officials say the effort helps fill a void in summer programming for students at high-poverty schools as they head into the third and fourth grades, a critical age. They say academic benefits are a priority, but the other activities are important, too.
"A lot of our kids don't have certain opportunities over the summer for enrichment, vacations, travel," county Board of Education President Michael A. Durso said.
Damon Johnson, a regional director at BELL, said the summer effort can turn around the expected summer academic losses, spurring gains in learning while providing engaging experiences.
"We may unlock the next great composer or the next great author," Johnson said.
Research shows that summer programs generally help ward off summer learning loss, said Harris Cooper, a professor of psychology and neuroscience at Duke University. Children from low-income families lose the most during summers, slipping in both math and reading while school is out, he said, while middle-class children tend to lose ground in math but not in reading.
Such summer losses clearly affect the achievement gap, he said: "Some people would argue that most of the gap happens when kids are out of school."
Karl Alexander of Johns Hopkins University said research he and his colleagues did found that low-income first-graders were on average a half a grade behind benchmarks in reading comprehension — and that the gap widened as they aged because of summer learning loss. By the end of fifth grade, he said, they were on average three grades behind.
"A deficit of that magnitude doesn't go away, and it has repercussions," Alexander said, citing greater risks that students will drop out of high school and lower prospects for attending college.
[In Montgomery schools, achievement gap widens in some areas, drawing criticism]
In Montgomery's new program, daily attendance has been strong, averaging more than 90 percent, said G. Leonard Starnes II, BELL's director of program operations in the county.
Certified teachers and teaching assistants run the classes, with a ratio of two educators for every 20 students, he said. Students take a test as the program starts and ends, which helps to differentiate instruction and measure progress.
"I like it a lot," said Asia Payne, 9, working at her desk as her class broke into small groups on a recent morning. "It's going to teach me more for when I'm going into fourth grade, and when the teacher asks questions, I'll just raise my hand and know the answer."
In a math class, Alexys Madrid, 8, a rising third-grader, was working to solve a word problem that involved 12 markers. He settled on an answer quickly, then realized that he hadn't quite grasped the concept.
He tried another approach, finding that the solution involved six packs of two markers each, rather than two packs of six markers each.
"They're really different," he said triumphantly.
As an afternoon class gathered, Brandon McCaskill was teaching students about abstract art and realism. The children had already studied their own photos to create realistic portraits of themselves.
Now they were "painting from the heart" on white paper banners, "freestyling," as McCaskill said.
Some children did bold splashes of color.
Ryan Velasquez, 9, created the Mexican flag.
Britiney Fuentes, 9, formed a pink heart. Then, with yellow paint on one hand and blue on the other, she rubbed them together.
"I made green!" she said.
In Wolf's reading class, the Cousteau book — "Manfish," by Jennifer Berne — elicited similar enthusiasm. Teacher's assistant Blake Brooks read each page aloud to the class, while Wolf led a discussion of the text.
The class talked about different kinds of marine life, the movies Cousteau made about his explorations and the ocean pollution that became his concern.
Wolf asked students to write a list of 10 questions, a starting point for research they would do with their Chromebook laptop computers. The children sat at desks arranged in small groups.
In Julianna's group, the children talked about how they had not known about so many kinds of fish. The book described camouflaged scorpion fish and checkerboard fish and "dorados" that glowed like emeralds or rubies.
Bryan Fernandez, 9, was surprised to see so many pointy-looking fish.
Jairo nodded.
"I did not know there were puffer fish!" he said.


text:
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text:
Alt.religion.scientology Week in Review Volume 0, Issue 16 07//95 by Rod Keller [email@example.com] copyright 1995
The articles in A.r.s Week in Review are brief summaries of the articles. Many include an excerpt, and all include message IDs for the articles I cover. This may or may not be useful to you, depending on how long your site stores articles in the newsgroup before expiring them.
A.r.s Week in Review is available free, by e-mail and is archived at:
A.r.s rmgroup
Another attempt was made this week to remove the group
alt.religion.scientology from the Usenet hierarchy. Here is the complete
message, as received by the Lazarus software.
Path: light!news.sprintlink.net!howland.reston.ans.net!swrinde!news.uh.edu!titan.sfasu ..edu!noc..near..net!news3..near..net!black..clarku..edu!black..clarku..edu! rmohns Newsgroups: alt.religion.scientology Subject: cmsg rmgroup alt.religion.scientology Message-ID:
From: email@example.com (Johnny Mnemonic) Date: 1 Aug 95 01:14:38 GMT Control: rmgroup alt.religion.scientology Organization: Clark University (Worcester, MA) Lines: 0
"Long before he gave advice to the OPP in connection with the search and seizure of documents which took place on March 3 and 4, 1983, Casey Hill had become a target of Scientology's enmity. Over the years, he had been involved in a number of matters concerning Scientology's affairs. As a result, it kept a file on him. This was only discovered when the production of the file was ordered during the course of this action. The file disclosed that from approximately 1977 until at least 1981, Scientology closely monitored and tracked Casey Hill and had labelled him an 'Enemy Canada'. Casey Hill testified that from his experience, persons viewed by Scientology as its enemies were 'subject to being neutralized'.
"Scientology continued its attack against Casey Hill throughout the trial of this action, both in the presence of the jury and in its absence. More than once, it reiterated the libel even though it knew that these allegations were false. Clearly, it sought to repeatedly attack Casey Hill's moral character.
"Counsel for Scientology subjected Casey Hill to a lengthy cross-examination which the Court of Appeal correctly described as a 'skillful and deliberate attempt at character assassination'. Counsel suggested that Casey Hill often improperly coached his witnesses and took the same approach with respect to his own testimony at the libel trial. It was insinuated that Casey Hill was an untrustworthy person who would breach his undertakings as he had done in this case in relation to the sealed documents. Attempts were also made to blame him for the failure to give notice to Scientology concerning the application before Sirois J. even though he had been vindicated seven years earlier by Cromarty J.
"The day after the jury's verdict, on October 4, 1991, Scientology republished the libel in a press release delivered to the media. A few weeks later, it issued another press release attacking the verdict of the jury as 'outrageous' and 'so exorbitant and so grossly out of proportion that it was influenced more by L.A. Law than Canadian legal tradition'. Shortly thereafter, it proceeded with a motion before Carruthers J. to adduce evidence which, it contended, would bear 'directly on the credibility and reputation of the plaintiff S. Casey Hill'. That motion was later withdrawn.
"With respect to aggravated damages, the Court of Appeal examined the circumstances existing prior to, at the time of and following the publication of the libel. It concluded that the jury was entitled to find that its award for general damages was not large enough to provide adequate solatium to Casey Hill for the aggravation of his injury which was caused by the Scientology's malicious libel and reprehensible conduct.
"The publication of the libellous statement was very carefully orchestrated. Members of the press and the television media attended at Osgoode Hall in Toronto to meet two prominent lawyers, Morris Manning and Clayton Ruby. Osgoode Hall is the seat of the Court of Appeal and the permanent residence of the Law Society. The building is used as the background in a great many news reports dealing with important cases emanating from the Court of Appeal. In the minds of the public, it is associated with the law, with the courts and the justice system. Manning went far beyond a simple explanation of the nature of the notice of motion. He took these very public steps without investigating in any way whether the allegations made were true.
"The misconduct of the appellants continued after the first publication. Prior to the commencement of the hearing of the contempt motion before Cromarty J., Scientology was aware that the allegations it was making against Casey Hill were false. Yet, it persisted with the contempt hearings as did Morris Manning. At the conclusion of the contempt hearing, both appellants were aware of the falsity of the allegations. Nonetheless, when the libel action was instituted, the defence of justification was put forward by both of them. The statement of defence alleging justification or truth of the allegation was open for all the public to see. Despite their knowledge of its falsity, the appellants continued to publish the libel. Although Manning withdrew the plea of justification, this was only done in the week prior to the commencement of the trial itself. For its part, Scientology did not withdraw its plea of justification until the hearing of the appeal. Finally, the manner in which Hill was cross-examined by the appellants, coupled with the manner in which they presented their position to the jury, in light of their knowledge of the falsity of their allegations, are further aggravating factors to be taken into account.
"In this case, there was ample evidence upon which the jury could properly base their finding of aggravated damages. The existence of the file on Casey Hill under the designation 'Enemy Canada' was evidence of the malicious intention of Scientology to 'neutralize' him. The press conference was organized in such a manner as to ensure the widest possible dissemination of the libel. Scientology continued with the contempt proceedings although it knew its allegations were false. In its motion to remove Hill from the search warrant proceedings, it implied that he was not trustworthy and might act in those proceedings in a manner that would benefit him in his libel action. It pleaded justification or truth of its statement when it knew it to be false. It subjected Hill to a demeaning cross-examination and, in its address to the jury, depicted Hill as a manipulative actor.
"In summary, every aspect of this case demonstrates the very real and persistent malice of Scientology. Their actions preceding the publication of the libel, the circumstances of its publication and their subsequent actions in relation to both the search warrant proceedings and this action amply confirm and emphasize the insidious malice of Scientology. Much was made of their apology tendered at the time of the hearing in the Court of Appeal. There is a hollow ring to that submission when it is remembered that it was not until the fifth day of oral argument before the Court of Appeal that the apology was tendered. Scientology can gain little comfort from such a late and meaningless apology.
"There can be no doubt that the conduct of Scientology in the publication of the injurious false statement pertaining to its 'enemy' was malicious. Its publication was carefully planned and carried out in a manner which ensured its widest possible dissemination in the most damaging manner imaginable. The allegation made against Hill was devastating. It was said that he had been guilty of breach of trust, breach of a court order and that his conduct and behaviour was criminal. Scientology's actions from the time of publication, throughout the trial, and after the trial decision was rendered constituted a continuing attempt at character assassination by means of a statement which it knew to be false. It was such outrageous conduct that it cried out for the imposition of punitive damages.
"There might have been some concern that, in light of the award of general and aggravated damages totalling $800,000, there might not be a rational basis for punitive damages. However any lingering doubt on that score is resolved when Scientology's persistent misconduct subsequent to the trial is considered. On the very next day following the verdict, Scientology republished the libel in a press release delivered to the media. It then brought a motion to adduce fresh evidence which it stated would have 'a bearing on the reputation and credibility of the plaintiff S. Casey Hill' which, if presented at trial, 'would probably have changed the result'. Its actions were such that Hill was forced to bring an application for an injunction enjoining Scientology from republishing the libel. In his reasons for granting the injunction, Carruthers J. stated that he was forced to take that action because 'no amount awarded on account of punitive damages would have prevented or will prevent the Church of Scientology, from publishing defamatory statements about the plaintiff'. Even the injunction did not deter Scientology which moved to set it aside. Further, in its notice of appeal of the libel judgment, Scientology alleged that the trial judge had erred in ruling the decision of Cromarty J. in the contempt proceedings was res judicata of the issues raised in the libel trial.
"The award of punitive damages, therefore, served a rational purpose in this case. Further, the circumstances presented in this exceptional case demonstrate that there was such insidious, pernicious and persistent malice that the award for punitive damages cannot be said to be excessive. Scientology has alleged that the size of the award of punitive damages had a chilling effect on its right to freedom of expression. However as stated earlier, in spite of the slow and methodical progress of this case to trial and appeal, and despite the motion brought six years before the trial which drew attention to the need for evidence, Scientology adduced no evidence as to the chilling affect of the award. In its absence, this argument should not be considered. It may be that different factors will have to be taken into consideration where evidence is adduced and where a member of the media is a party to the action. However, those are considerations for another case on another day."
Dave Barron, Jim Byrd, Marina Chong, Keith Cochran, cuthulu, the Grand Clavister, David Gerard, David Iain Greig, Joel Hanes, Elisabeth Higgins, David Iain Greig, Farrell Griffith, H Keith Henson, Chris Lyman, Michael R James, George Pratt, Andrew J. Testa, Felis Uncia
"The picket reads
"When I arrived at the building there were 5 cars parked there. I park across the street and through the glass storefront I look at them and they look at me as I approach. And now I'm right in front of the glass, on the property, as I proceed to unsling and untie the picket. Before I get off the property. You may find this hard to believe. The door opens and one of them comes flying out. And it's the DSA Las Vegas. She happened to be there.
"Well, the picket never happened. We stood in the heat for an hour, this woman and I. I do not mention her name because I am not sure of the legality of it. Ted, what is the problem? ______ you are being fed lies, this entire church is built on lies. She wants to know what lies. These people are truly brain dead. I tell her the people in this building alone have lied to me five times regarding this money.
"One of the boys comes out with a check for $500.00. I had already declined another partial payment, told them it was no big deal. That when they had the full amount I would be right out here and they could give it to me. Now I have two of them asking me to take the five hundred and not picket.
"I said yes and that I would be back Tue. for the balance. The said they would not have the balance by then. I said no problem, five hundred a day would keep me from picketing. But not less."
"This is to inform all who have an interest, that I have given the famous phone number to a person that, in my opinion, has very good investigative skills and has the purpose of seeking the truth. The truth being...did the church set up Tom K.? This person is also anti-scientology therefore, this person is not going into this investigation with good feelings for the church. In the end you will all be most satisfied with my choice of investigator."
Tickets were available at a discounted price of $175 until June 30th.
"My financial condition is still indigent. I am employed as a receptionist and data entry clerk at the wage of $5.00 per hour. My gross pay is $200.00 per week, as I work a forty hour week. My net pay after deductions is $164.00 per week. Out of that check I pay $50.00 In subsistence payments to the Dismas House, and I make child support payments of $41.00 per week to my ex-wife, Jaime Lee Nureyev, in order to help support my two minor children. I further make a monthly non-committed fine payment of $25.00 to the Debt Collection Unit of the Northern District of California and I contribute $20.00 per week to the support of my father, Jack Fishman, who is also destitute and has been adjudicated bankrupt by the Southern District of Florida, and is living only on his social security check. I wish the Court to know that I am indigent and destitute and besides not being able to afford the cost of bringing witnesses to testify at trial in the Central District of California I cannot afford even a plane ticket or money for a hotel room to come out there for the trial myself."
This left him with $28 per week. There were numerous cos documents also on file. Among them:
"THE ONLY WAY YOU CAN CONTROL PEOPLE IS TO LIE TO THEM. You can write that down in your book in great big letters. The only way you can control anybody is to lie to them. When you find an individual is lying to you, you know that the individual is trying to control you. One way or another this individual is trying to control you. That is the mechanism of control. This individual is lying to you because he is trying to control you - because if they give you enough misinformation they will pull you down the tone scale so that they can control you. Conversely, if you see an impulse on the part of a human being to control you, you know very well that that human being is lying to you. Not 'is going to', but 'is' lying to you.
"During cross-examination (conducted by the opposition lawyer, for the purpose of unmocking the credibility and consistency of the witness), the witness should NEVER VOLUNTEER ANTHING. The exact question asked should be answered, no more, no less. Q: 'When did you read that policy letter?' A: 'On the 16th May as best I can recall.' NOT A: 'I recall It was the 16th May as I had just returned that morning from a mission.' (The latter would give the lawyer a string to pull--what mission? Where? Why? Etc.)
"Part of answering only the exact question asked is hearing and responding to only the words used; the tone level of the question is to be Ignored. Most cross-exam Is conducted at the tone of covert hostility, and this Is to be taken into consideration. A clever cross-examiner can make any statement sound suspicious and any question sound accusatory; but our witness, expecting this and listening only to the words and not the tone, will not take the bait."
"Generalities vs. specifics. Scientologists usually try to avoid dealing in generalities, but there are such things as good generalities. Entheta and suppressive statements from the cross-examining attorney will often take the form of generalities.
"When confronted by the opposition lawyer by generalities, our witness should ask for specifics. That will often totally cut the lawyer's line of cross-exam (as he is proceeding by generalities and cannot have or use the specifics). On the other hand, our witness should look for opportunities to use theta generalities; since it's theta, the cross-examiner will not ask for specifics--he's stung and he'll want to get away from that area. If he does ask for specifics, the witness should supply them, and chances are it will end up hurting the opposition. Examples: 'Every Scientologist knows it would be violative of the creeds and codes to lie about or falsify records,' or 'Scientology has helped thousands of people to better lives,' or 'We all know, or any Scientologist who has read and understood the writings of our religion would surely know, that it is a religion and it deals with the Spirit of Man,' or 'We all know that the aim of Scientology is a civilization without war, crime, insanity ....' An entheta cross-examiner will steer away from that stuff like a vampire from a cross. Just let him have it--with theta!!"
"It may be deemed necessary for all the DC Staff who could be pulled in for questioning to suddenly leave. This must be done in such a way So that they never can be accused of 'fleeing prosecution'.
"A 'safehouse' or 'safehouse area' should be chosen in an out of the way place, like a ski resort - Dude ranch - farm - Canada - Mexico - etc., This "place" should be investigated to ensure it can be used anytime of the year by people just 'showing up'. This 'safe house' is for Sabbaticals to go til it is shown one way or another that they must stay away or come back."
"There are several things we would like the general public to say to the general public about Scientology. The first of these is that we would like the general public, when it sees an individual or group problem, to be quite certain the proper thing to do is for that individual or group to consult a Scientologist. For instance, if some- body is having headaches, we would his friends to come to the obvious solution that this person should see a Scientologist or should join a group undergoing processing.
"We have no more quarrel with a psychologist that we would have with an Australian witch-doctor. We have no quarrel with a psychiatrist any more that we would quarrel with a barbarian because he has never heard of nuclear physics. As to the medical doctor, we know very well that modern medical practice, having lately outgrown phlebotomy, has come of age to point where is can regulate structure in a most remarkable and admirable way. In Scientology we believe a medical doctor definitely has his role in a society just as an engineer has his role in civil government. We believe that a medical doctor should perform emergency operations such as those made necessary by accidents; that he should perform orthopeadics; that he should deliver babies; that he should have charge of the administration of drugs; that his use of antibiotics is beneficial; and that wherever he immediately and curatively addresses structure his is of use in a community. The only place we would limit a medical doctor is in the field of treatment of psychosomatic medicine, where he has admittedly and continuously failed, and the only thing we would ask a medical doctor to change about his practice is to stop taking money for things he knows he cannot cure, i.e., spiritual, mental, psychosomatic, and social ills."
Also included, the full text of the OT levels, including:
"L.Ron Hubbard"
With this explanation:
"There have been three different OT I's put out by Hubbard."
24th April, 1967
1 November 1966
Section Three
This is the description of Xenu, Body Thetans and Clusters.
"Exterior - OT IV
List of Volcanoes
Gain Freedom from Fixated
Introversion into MEST
Be Three feet in back of your head.
June 1979 Revision
This is the famous "go to the zoo" level.
OT VIII Series I
This is the description of Jesus as a child molester.
"It will be found uniformly (despite first view there is no evidence of it) that anti-Scientologists have in their background this life crimes for which they could be arrested.
"When the person is arrested, one then sues the person for anti-Scientology libels and slanders.
"If we do the above as our pattern, we will successfully bring the following facts into public consciousness:
"a) People who attack Scientology are criminals.
b) That if one attacks Scientology he gets investigated for crimes.
c) If one does not attack Scientology, despite not being with it, one is safe.
"Resume or policy and events. Kennedy assassination regrettable but we could have prevented it if the government had not been fighting meters.
"We had long standing and insistent offer to government to be permitted to check out all repatriates from Russia and China. Only Scientologists can detect brainwashing.
"Our offer of 1962 to help administration with Scientology was only one of many such offers which included in 1955 strenuous offers of help to be permitted to handle all Russian and Korean repatriates for brainwashing and sub-conscious hypnotic suggestions such as Oswald was undoubtedly given.
"All attacks on Scientology and the meter and Scien. Orgs. can be traced to original Communist influence and misinformation carefully fed to government agencies, police and organizations such as the AMA.
"Please inform Los Angeles and New York of our policy on these matters. We will ride our position as known right wingers very hard and demand the location and ousting of every commie element and extreme left winger in the US. Scientology should publicly demand the right to be permitted to spot subversives in the US including the US government.
The story that right wing elements had assassinated Kennedy was broadcast on Radio Moscow the moment the news was received and simultaneously the Moscow grapevine all over the world issued the same statement via left wing mouthpieces. This coup was designed to blame rightists for the assassination but evidently judging from partial data to hand they failed to get the assassin away and the whole plot collapsed on their heads. You see everybody but Moscow mouthpieces guessed it might have been one of several groups that assassinated Kennedy. However Moscow line held only that it was right wing.
"So get this data around however you do it and let all Scientologists in on it and raise some hell. We're going to clean up the US eventually. Play it close with the Birch Society and all other rightist groups. Back Goldwater. Subversion came within an ace of sweeping America and we were only saved by a crazy freak."