Islamic
divorce, SMS style
By
Susan Tsang, Singapore.CNET.com
Thursday,
June 28 2001 11:14 AM
Under
Islamic law, a man can divorce his wife by simply saying "I divorce
thee" three times. Now, he needn't even say it out loud. A man in Dubai
divorced his wife by sending her a Short Messaging Service (SMS) message:
"Why are you late? You are divorced." An official of the family reconciliation
section of the Dubai courts said his department referred the case to
Islamic scholars.
"All
have said that the divorce is valid as the husband expressed the will
to divorce and the wife received it," the Gulf News reported Abdel-Salam
Darwish as saying.
Four
conditions must be met to make an electronically communicated divorce
valid, Darwish said. Firstly, the husband should be the sender. He must
also wish to divorce. Thirdly, the phrasing should be unmistakable,
and finally, the wife must receive it. As all four were fulfilled in
the abovementioned case, the divorce was granted.
|
| The
following passages are extracted from Antu and Majid's marriage
certificate. We married in the Maldives in 1985. I believe the format
of the marriage certificate has not changed since. This is a translation
of the original Divehi text. If requested, the authorities issue
a rather less colourful English original. I prefer the Divehi version
in translation. |
To the Attention
of the Matrimonial Couple
-
-
In
the event of divorce, this certificate will be required in order
to issue the Certificate of Divorce. A fine of Rf 5/- (five rufiyas)
will be levied before a replacement for this certificate will
be issued.
-
This
certificate must remain with the husband. In the event of a divorce,
the man must deliver this certificate within 15 days to the authority
that issued the decree absolute. If the certificate were to be
brought from or reissued in an island other than that in which
the decree absolute is issued, the certificate must be brought
from or reissued within 1 month, through the intermediary of the
authority that issued the decree absolute.
Should
these be contravened, the man will be fined an amount between Rf 10/-
and Rf 30/-.
-
In
the event of divorce, the man and the woman must report the matter
within 3 days, to Court Number 1 of the Ministry of Justice in Malé,
or outside of Malé to such other place appointed by the government.
-
The
Certificate of Divorce must be uplifted within
7 days of registration of divorce.
-
In
the event of the death of the husband or the wife, the matter must
be reported to and have it recorded by Court Number 1 of the Ministry
of Justice in Malé, or outside of Malé to such other
place appointed by the government.
-
In
the event of the death of the husband, at the completion of the
Period of Waiting as prescribed in Ecclesiastical Law, the widow
must report the matter and have it duly recorded. The Period of
Waiting as prescribed in Ecclesiastical Law for the widow who is
not pregnant with child is four months and ten days; such Period
for the widow who is pregnant is until she has delivered.
Directives
to the Matrimonial Couple
-
The
wife shall at all times be obedient to the husband other than in
matters that are forbidden by God.
-
As
long as the wife remains obedient to the husband, he shall provide
a house for her to stay and expenses for her to obtain food and
drink, and means of bathing, cleansing after defecation, and clothing.
-
The
husband or the wife shall not abuse each other physically or verbally.
-
Even
if the husband becomes physically abusive, the wife shall not retaliate
or be disobedient to him. In such event she shall seek reconciliation
through the judicial system.
-
In
the event the wife becomes disobedient, the husband shall not cease
paying expenses to her without establishing proof of such disobedience
in Court. Should he cease paying her expenses without establishing
such proof in Court, he shall be required to pay all expenses foregone,
if the wife petitions the Court.
-
In
the event of divorce, unless both parties have mutually pre-agreed
regarding expenses or other dues, the wife may claim all she is
due in full up to the date of divorce.
If it is proven
that either party has infringed these directives, he or she will receive
punishment from the Court
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