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divorce.. sunni (bidah) style


Malaysia reviews texting divorce
By Jonathan Kent
BBC correspondent in Kuala Lumpur

The Malaysian cabinet has promised to change the country's laws to discourage men from divorcing their wives by means of electronic messages.

The PM's religious adviser had endorsed text message divorce An Islamic court in the country declared last week that a Muslim man had legally ended his marriage by sending his wife a mobile telephone text message.

That ruling had been endorsed by the prime minister's religious affairs adviser.

Now, however, the government says it will consider increasing the fines and jail sentences for men who pronounce the talak - or declaration of divorce - by electronic means, such as e-mail, fax or text message.

Men who declare divorce outside a court already face up to three years in jail.

Condemnation

Malaysians love high technology - just over half the population own mobile phones.

But just over half of Malaysians are also Muslims and bound by Islamic sharia law, rooted in scriptures 1,400 years old.

Even the country's Prime Minister, Doctor Mahathir Mohamad, accepts that this can occasionally cause problems.

Last week, a sharia court declared that a text message sent by a man to his wife reading "if you don't leave your parents house, you'll be divorced", had legal force.

While it may be correct from other angles, it is not the way to get a divorce, Doctor Mahathir told reporters.

Last week's court ruling was condemned by women's groups and Malaysia's minister for women, who accused a small minority of Muslim men of damaging the reputation of Islam.

Sharia law requires a man to tell his wife three times that he divorces her. At least one declaration must be before a religious official.

Women wishing to end their marriages are subject to a far more arduous procedure under Islamic law.
 

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Login to find out (December 22, 2005 at 9:12pm)
actually, you used the word sunni, and sunni constitutews over 75 percent of the Muslim world...

and further, even sunni's in India hold the same position... Pakistani law which is primarily sunni argues that talaq must be made to the STATE....
 
Login to find out (December 22, 2005 at 3:12pm)
khiladi, but i was referring to general practice among non-shias in India
 
Login to find out (December 22, 2005 at 9:41am)
Actually Khannaseeb, that's not the case. There are differing opinions among the sunnis. In fact, ibn Taymiyya (R), the one whom shias love to hate, did not accept 3 talaqs at once. He considered 3 talaqs at once equivalent to one talaq.

The differing opinions have to do with some hadeeth reports in which it is ascribed to the Prophet (S) that he accepted 3 talaqs at once. Much of the mis-understanding of this portion is because they fail to appreciate the context.

Further, the Malaysian law, which is based upon SUNNI law, uses the STATE as the WITNESS....

"Sharia law requires a man to tell his wife three times that he divorces her. At least one declaration MUST BE BEFORE A RELIGIOUS OFFICIAL."

"Men who declare divorce OUTSIDE A COURT already face up to three years in jail."
 
Login to find out (December 21, 2005 at 9:50pm)
Khanseeb: Not really

Mehnaz: Hey there ; )
 
Login to find out (December 21, 2005 at 9:37pm)
sure umer, thats pretty much the level that can be expected of you. :)
 
Login to find out (December 21, 2005 at 8:52pm)
and you will be celebrating the martyrdom of the grandson of prophet(as)
 
Login to find out (December 21, 2005 at 8:48pm)
hey when muharram comes around can take a couple of shots at u while ur mutilating urself?
 
Login to find out (December 21, 2005 at 8:42pm)
talaq is very easy for sunni just say 3 times talaq its done, not like shias where they have to provide witnesses for talaq
 
Login to find out (December 21, 2005 at 4:25pm)
wait.. the former Malaysian PM which is sunni forbade the ruling of the sunnis... so what's the problem? further, this sunni's ruling is more in accordance with the shareeah than the court... the Quran stipulate an iddah, and further require maintenance of the wife during this period...