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.
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."