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March 26, 2007

Religious Authorities in Dubai Authorize New Means of Divorce

Suad Hamada

by Suad Hamada
Bahrain

What could be more demeaning to women than allowing men to divorce their spouses by sending text messages from their mobile phones?

If such a move materializes, Muslim men could benefit more from modern technology than women as Muslim women would not be allowed this privilege and Islam prohibits them from calling off a marriage without the approval of Sharia judges. Many women who ask for divorce in court end up losing custody of their children and other marriage settlements.

Mobile phone text message, or SMS, divorce could become a reality, even after widespread rejection by Arabs and Muslims when the idea first surfaced a few years back in Egypt. Religious authorities in Dubai confirmed last month that a Muslim divorce can be carried out via a mobile phone text message. The UAE’s Grand Mufti, Ahmed Al Haddad, who issued a fatwa on the subject, noted to Khaleej Times: "Islamic scholars disagreed over the way divorce can be written."

According to Al Haddad, while some believe that putting a divorce in writing is equivalent to verbally announcing it, others feel a divorce must be documented in writing and can only be applied when there is intention and when it is read aloud.

Al Haddad said he believed an Islamic judge or "mufti" is able to judge a divorce case filed via a mobile phone SMS by choosing between both petitioning parties’ opinions to determine what is most appropriate given the couple’s circumstances. "Divorce through this modern way is not different from using a pen and a paper," he said.

According to human rights activist, Abdulnabi Al Ekri, since Al Haddad bravely accepted such an unconventional method of divorce, others might follow in his footsteps. This could spell chaos for the Islamic world by neglecting the strong bond and holiness of marriage.

“Such means of divorce shouldn’t be accepted as even simple agreements between individuals or companies can’t be terminated through mobile massages, so how can men be allowed to break up their families with such a tool,” Al Ekri said.

He said that many Arab and Islamic countries have stopped accepting the tradition of men ending their marriages by saying the word “divorce” three times to their wives. Divorce is only acknowledged when done in front of a judge, for the protection of the rights of women and their children.

“If such a practice were approved then many dangerous circumstances might happen and is against Islamic principles as the religion doesn’t accept humiliation to women,” Al Ekri said.

Islamic researcher, Shahnaz Rabiee, also condemned the fatwa and said that the decision isn’t acceptable to women and all family members.

“Marriage happens when man and women agree to spend their lives together, so divorce occurs when the couple decides to separate,” she said.

Divorce by text message is not acceptable as wives should be respected and treated with dignity they deserve, Shahnaz said.

Including mobile messages as a viable means of divorce may be far from a widespread reality at the moment, but it might become acceptable if some scholars are allowed to pass such fatwa.

Comments (3)

The title to your article compelled me to read it and once I did I could not believe that such a thing cuold be possible! Not only do I believe it is a disrespect to women around the world to be divorced in such a way, but I feel it lacks legality or formalization. I truly hope it does not become a legal way of divorce for Muslim women's sake and for women around the world.

TALAQ SENT...TALAQ RECIEVED

It is totally unacceptable of divorce by SMS. This shows that there are still individuals from the old school of thoughts who want to enforce their own ideas on people. This time around technology is their weapon of choice and by using it is a platform they want to prove that they are above all. Today the scholars disagree on this tomorrow who knows what they can come up with.

Cell phone makers will now churn out phones with built in Templates like- DIVORCE,DIVORCE, DIVORCE! That's not it there will be special schemes by the operators where SMS would be free if one wants to divorce.Times have changed but the thoughts are still the same...

Lori:

This is already happening here in Saudi Arabia, Back in March, I posted about a man who successfully divorced his wife via SMS (text) messages and it was upheld in the courts.

Saudi Man Divorces Wife Via Text Message

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