Your Mail

ÚÑÈí

 

Counseling:

Ask the Scholar

|

Ask About Islam

|

Hajj & `Umrah

|

Cyber Counselor

|

Parenting Counselor

 

Search »

Advanced Search »

 

SMS Divorce Raises Controversy In Malaysia

Divorce by SMS, permissible?

By Kazi Mahmood, IOL Southeast Asia Correspondent

KUALA LUMPUR, Aug 3 (IslamOnline.net) - Malaysia’s most popular woman minister Siti Zaharah Sulaiman urged Muslim men not to resort to divorce via mobile phone’s Short Message Service (SMS), calling it a shameful act that belittles the sanctity of marriage and the family institution in a debate that is raging in the south east Asian nation.

The minister of National Unity and Social Development said Muslims should not accept the act of divorce by SMS as this would tarnish the image of Islam and Muslims in the country, Bernama news agency reported.

"Any man who intends to use this facility to divorce his wife should think of the repercussions on his family and children," she said.

"My advice to couples is they should not use such measures for divorce proceedings. I’m very sad that one should go through this for a divorce."

The debate raged after the local Shariah court in Malaysia had accepted the divorce of a couple by an SMS, sending a barrage of protests by politicians and women at large in a country where marriage is believed to be of great sanctity to Muslims.

The East Gombak Syariah lower court further ruled on Thursday, July 31, that a divorce declared via SMS was valid provided it was verified by the court.

Judge Mohammad Fauzi Ismail ruled that the 18-month marriage between Azida Fazlina Abdul Latif and Shamsudin Latif was annulled when Shamsudin sent Azida Fazlina an SMS stating: "If you do not leave your parents' house, you will be divorced."

The much publicized divorce case left the door open for more SMS divorce.

More fuel was added to the issue when a local religious body declared it was ok to divorce by SMS, forcing the Malaysian government to lend an attentive ear to the matter.

Invalid

Minister in the Prime Minister’s Department Seri Abdul Hamid Zainal Abidin said that laws governing divorce in the Islamic Family Law might have to be amended to stop Muslim men from using SMS to seek a divorce.

He stressed that divorce by short messaging service is "invalid" under the Islamic Family Law of 1984 unless approved by the Syariah Court, which was the case with the divorce by the SMS divorce of Azida and Shamsuddin.

He said it was considered not valid because it fell into the category of divorce made outside the court, just like those by email, fax and letter.

"Divorce by SMS is just like other divorces outside the court. It is against our country's law," he insisted.

The prime minister, for his part said that "the Cabinet decided that while it may be correct from other angles, it is not the way to get divorced."

Mahathir also said that state-of-the-art communication technology should not be abused, like using SMS on the hand-phone to divorce.

Women and Family Development Minister Shahrizat Abdul Jalil said that SMS divorce was not only an insult to women but could also tarnish the image of the Syariah laws besides leaving a bad impression of Muslim men in Malaysia.

"Muslim men are generally caring and had the greatest respect for their spouses and mothers but because of these one or two cases (of divorce through the SMS), should not give them a bad impression."

Back To News Page

News Archive :
Day:   Month: Year:   

Send Mail

News | Shari`ah | Health & Science | Muslim Affairs | Reading Islam | Family | Culture | Youth | Euro-Muslims

About Us | Speech of Sheikh Qaradawi | Contact Us | Advertise | Support IOL | Site Map