Speechless......

[Maidah]

I found this article on the net and i thought i share it with everyone, i was laughing when i read it and i'm speechless. :uuh:



Man divorces wife by text message


Tags: Wireless, Text Message, Islam, Marriage
Wendy McAuliffe ZDNet.co.uk

Published: 28 Jun 2001 16:28 BST

A man in Dubai who divorced his wife by a short text message has set a legal precedent for other Islamic divorce cases.

Under Islamic law, a man can divorce his wife by simply saying "I divorce thee" three times. The Dubai courts have now accepted that this can be done electronically, after a man divorced his wife by a single text message reading, "Why are you late? You are divorced."

The case was referred to Islamic scholars by the family reconciliation of the Dubai courts, in order to assess its validity. "All have said that the divorce is valid as the husband expressed the will to divorce and the wife received it," said religious scholar Abdel-Salam Darwish to the Gulf News.

Darwish decided that four conditions must be met for an electronically communicated divorce to be valid. The husband should be the sender of the message, and he must also wish to divorce. The phrasing must also be unambiguous, and finally the wife must receive the communication. As all four requirements were fulfilled in the above case, the divorce was granted.

In the past two months, 15 other Islamic divorce cases had involved mobile phone messages. Darwish has warned that divorce should not be taken more lightly in the era of electronic communications. "Supposing a husband jokingly sends his wife a message telling her he was divorcing her. Under Sharia law, the divorce would be valid."

The couple in question are in their mid-twenties, and had been married for two years. They are now living together again with their baby daughter, which is allowed under Islamic law.

 

[Isambard]

lol thats one way to do it I suppose...

 

[S_87]

SubhanAllah

 

[Md Mashud]

I don't see how that is Islamic - rather a technical loopwhole of the law system. Their is, Islamically, suppose to be meetings/talks to try work out differences, between those "divorce" statements.

 

[amirah_87]

"Why are you late? You are divorced."

SubhaanAllaah. Divorce has become so normal nowadays.

May Allaah prevent us from acting hastily.

 

[Malaikah]

^It is his lost- he has already used up one statement it seems. If he does it a second time his wife has the option to leave or stay, not him. And if he didn't really want to divorce her, but she wants it, then he has lost out big time.

I don't see how that is Islamic - rather a technical loopwhole of the law system. Their is, Islamically, suppose to be meetings/talks to try work out differences, between those "divorce" statements.

Not really... he said the words, therefore the first divorce is used up. Presumable there was meetings/talks because they decided to stay together rather than divorce.

 

[NoName55]

Under Islamic law, a man can divorce his wife by simply saying "I divorce thee" three times.

In absence of any helper, I say: in my humble opinion, what a lot of rubbish!

does any of you know, why we have to do it 3 times with a gap in-between each utterance?

 

[sevgi]

"They are now living together again with their baby daughter, which is allowed under Islamic law."

im gna +o(

i think it just may be valid if he had sent three seperate messages...coz, each 'utterance' must be distinct and the divorcer needs to think abt it between each one...most of the time we say things out of anger...saying something three times with a break in between, or texting it for that matter, allows the divorcer to really consider the consequences and see if they truly mean it...

 

[snakelegs]

how long a gap does there need to be between each pronouncement?

 

[NoName55]

"They are now living together again with their baby daughter, which is allowed under Islamic law."

im gna

i think it just may be valid if he had sent three seperate messages...coz, each 'utterance' must be distinct and the divorcer needs to think abt it between each one...most of the time we say things out of anger...saying something three times with a break in between, or texting it for that matter, allows the divorcer to really consider the consequences and see if they truly mean it...

^^ some commonsense at last!

 

[sevgi]

^^ some commonsense at last!

estagfirullah...
i probably would have never thought of it if u hadnt mentioned it below.

but yes, it is commonsense.

what this article suggests is that muslims can run around marrying four wives, and divorcing em over the phone as they wish, when they find a better fourth wife...

its degrading really.

i think that the 'imaams' or whatever, who stated that the divorce is valid, either did not take these crucial things into account, or, they just need a little therapy...or, maybe this arrangement suited their own requirememnts...

ive got nothing to say.we need 'normal' people at the head of our muslim communities, minor, major, it doesnt matter. they all impact the view on islam. we need to find a way to universalise in this contemporary context...but the further we move..the more impossible this becomes.we can even see this in our forum.i say not all music is haraam, some say even duff is haraam.what can we do?

and no...im not suggesting to wage war, or establish the new calipate. im am merely trying to portray the complexity we are drawing our religion 'our way of life' into.

certainly not helping to add text messaging to our divorce system...

peace.

 

[sevgi]

how long a gap does there need to be between each pronouncement?

i have no idea..but as ur post prior to editing suggested three months or so...i would, according to the very little that i know, need to say no...not that long...

i always concieved it as being just a few moments..a few deep breaths perhaps...?

it is way early for me to be thinking abt divorce or marriage at that...so i havent gone into it.sorri snakes.but bro noname55 can probably help.he seems to know what hes talkn bout.

 

[NoName55]

^^ you are both kind of right

After divorce the woman should wait three monthly cycles during which her husband remains responsible for her welfare and maintenance. He is not permitted to drive her out of the house during this period. She has been advised not to leave the house of the divorcing husband, in order to enhance the chances of reconciliation, as well as to protect her right of sustenance during the three months waiting period. The main purpose of this waiting period is to clarify whether the divorced wife is or is not expecting a child. Its second use is as a cooling-off period during which the relatives and other members of the family or of the community may try to help towards a reconciliation and better understanding between the partners. The Qur'an says:

"And if you fear a breach between the two, then appoint a judge from his people and a judge from her people; if they both desire agreement, Allah will effect harmony between them, surely Allah is Knowing, Aware." (4:35).

If they are reconciled they may resume the marriage relations at any time within the waiting period, whereupon the divorce is automatically revoked. If further trouble arises and divorce is pronounced a second time, the same procedure is followed. Only if the matter reaches a third divorce does it become irrevocable. The wife is then to leave the house and is free after three monthly cycles to marry another man if she wishes. The first husband is not then permitted to remarry her unless she has in the meantime married another man and been divorced in usual legal manner.

^^ This procedure is the normal one followed if the husband is the one seeking divorce or if the divorce is by mutual consent

If the wife seeks divorce against the wishes of the husband she may take her case to the court and obtain divorce.

An instance was reported at the time of the Prophet when a woman came to him saying that although her husband was a good man and she had no complaint against his treatment, she disliked him greatly and could not live with him. The Prophet directed that she should return to the husband a garden which he had given to her as her mahr, as the condition of her divorce. This procedure is sanctioned in the Qur'an where Allah says:

"And if you fear that they may not be able to keep the limits of Allah, then there is no sin for either of them, if the woman redeems herself with that" (2:229).
​

One may observe that modern developments in marriage law in England and other Western countries are tending towards the Islamic pattern, albeit unconsciously, in many ways, stressing guidance and counselling before divorce, privacy of divorce proceedings and speeding of the process of divorce once it has been established that the marriage has irretrievably broken down.

The law of Islam does not therefore compel unhappy couples to stay together, but its procedures help them to find a basis on which they can be reconciled with each other. If reconciliation is impossible the law does not impose any unnecessary delay or obstacle in the way of either partner's remarriage.

 

[Danah]

How strange!
the divorce must not be taken so lightly.
I heard a stroy said that there is a wife recieved a message from unknowen number telling her that she is divorced. the wife was shoked from the message.
but at the end she realized that it was from a husband to his wife telling her that she is divorced. and our poor wife was sent the message by mistake.


thats why I think it is not an easy thing to do.

 

[sevgi]

^^ you are both kind of right

what if the woman announces a divorce...does she still have to stay in the house for three months?

 

[NoName55]

what if the woman announces a divorce...does she still have to stay in the house for three months?

she has to go to court to get divorced, and may live in a safe house (if under threat)

http://www.islamicboard.com/general/51843-speechless.html#post839139 is more complete now.

 

[Malaikah]

what this article suggests is that muslims can run around marrying four wives, and divorcing em over the phone as they wish, when they find a better fourth wife...

No it doesn't. Just because the divorce is valid doesn't mean the way he did it is permissible!

i think that the 'imaams' or whatever, who stated that the divorce is valid, either did not take these crucial things into account, or, they just need a little therapy...or, maybe this arrangement suited their own requirememnts...

Please, sister, I do not know if you realise this but you have just written is slander. We have no right to judge these religious figures, who we have never meet, in such a way.

Any utterance of divorce, as long as the person was not forced in to saying it or insane, is valid , even if the person was joking. The scholars have made ijtihad that it includes text messages. If you do not agree (because you know of a sheikh who says other wise, not just because you think it is stupid) then that is fine but there is no need to mock others who have the right to hold this opinion.

ive got nothing to say.we need 'normal' people at the head of our muslim communities, minor, major, it doesnt matter. they all impact the view on islam. we need to find a way to universalise in this contemporary context...but the further we move..the more impossible this becomes.we can even see this in our forum.i say not all music is haraam, some say even duff is haraam.what can we do?

They ARE normal.

certainly not helping to add text messaging to our divorce system...

They are not adding it- a person divorced by text message, it is up to the scholars to figure out whether this is valid and the divorce still counts, or whether it is invalid. Again, validity does not mean that it is permissible/recommended or whatever.

 

[sevgi]

No it doesn't. Just because the divorce is valid doesn't mean the way he did it is permissible!



Please, sister, I do not know if you realise this but you have just written is slander. We have no right to judge these religious figures, who we have never meet, in such a way.

Any utterance of divorce, as long as the person was not forced in to saying it or insane, is valid , even if the person was joking. The scholars have made ijtihad that it includes text messages. If you do not agree (because you know of a sheikh who says other wise, not just because you think it is stupid) then that is fine but there is no need to mock others who have the right to hold this opinion.



They ARE normal.



They are not adding it- a person divorced by text message, it is up to the scholars to figure out whether this is valid and the divorce still counts, or whether it is invalid. Again, validity does not mean that it is permissible/recommended or whatever.

all i will say is

ok and thank u for ur thoughts.

 

[Malaikah]

In absence of any helper, I say: in my humble opinion, what a lot of rubbish!

does any of you know, why we have to do it 3 times with a gap in-between each utterance?

Are you saying the opinion of the vast majority of scholars of Islam is rubbish?

Because the vast majority of scholars have said that even if a man declares divorce three times in the same sitting, the divorce is valid and he can never return to his wife again unless she married and gets divorced again legitimately. However, he is sinful for doing so. But the divorce is valid.

how long a gap does there need to be between each pronouncement?

If he wants a divorce, he says it once. During the waiting period (three months time), he has the right to change his mind and take his wife back. After the waiting period, they are official divorced but have the right to remarry each other.

After that, when he says it the second time, there is another three month waiting period, and he has no right to take his wife back, rather it is the wife's choice.

If she decides not to divorce, and the husband agrees, and he then divorces her a third time, they can not remarry until the wife has married someone else and become divorced from him legally.

However there does not have to be a gap at all for the divorce to be valid. If the man says 'I divorce you, I divorce you, I divorce you' just like that, they are divorced and can not remarry until the wife is divorced by someone else. However the man is sinful for doing so.

 

[NoName55]

^^ I have learned from bitter experience that I should not hit (virtual or physical) brickwalls with my feeble ole head. hence forth I :zip: and run when see one