Tuesday, March 06, 2007

talking bout my generation

so its official now. Dubai's Grand Mufti has confirmed that a Muslim divorce can be carried out by text messages. live from the horse's mouth "While some said writing a divorce is equivalent to verbally announcing it, others believe a divorce must be documented by writing and can only be applied when there is intention and when it is read aloud. "

excellent. and for some more "wisdom" now.

'Divorce through this modern way is not different from using a pen and a paper,' he said.

the whole divorcing on sms was started out i believe in Malaysia some years back. in some report in Gulf News, there were several cases of divorce by SMS . In one case, a man sent his wife a message reading:

"Why are you late? You are divorced."

again, brilliant. 30 fils is all it takes. 60 fils if international.

Im placing bets that this rule will be overturned soon. for the sake of Dubai courts itself. God knows how many stupid cases they will have to deal with. not to mention the number of stupid guys who will try to use the law to their advantage and like cowards divorce their wives when they are away so as not to deal with their wife face to face. or have the jhurat to look at them in the eye. anyone to do this should be given two kicks.

im not an expert on shariah law but i do think there is a need to understand contexts and not just literally apply the law. hardly anything is black and white. each case should be studied individually. the problem with the shariah rule is it assumes everyone is good which is far from it. even if two people are divorcing, it is assumed they are respectful to each other. this is far from the truth and sadly this isnt a perfect world.

perhaps they will overturn it or perhaps they will put a fine on those divorces by SMS. i hope a big hefty fine with thirty times the amount of alimony. this will make them think infinite times.

im still betting on 1 though.

A family advisor at the Dubai courts, told the paper that his department had made inquiries with scholars from the Dubai Awqaf and Islamic Affairs department, the Arabic and Islamic Studies College in Dubai, and others in Saudi Arabia.

"All have said that the divorce is valid, as the husband expressed the will to divorce and the wife received it,"said the official.

perhaps then ladies should never charge their phone. or better yet never give your husband your cell number. lol. i suppose if one doesnt ever charge her phone, she didnt technically "receive receive" it. or perhaps by "mistake" the sms is deleted, she then never really received that either. you can feign ignorance infinite times.

after all, two CAN play the same game.

6 comments:

Ashraf's Pen 7:36 AM  

fils=???

Anyway this is the sad part about Islamic world esp the clergy. Instead of enpowering women in this modern world safe-guarding their interests more pro actively, we are using technology to further weaken them.

Will the mufti allow women to seek divorce via sms

life of pi 12:58 AM  

100 fils = 1 AED = 11-12 rupees = approximately 0.25 (USD)

they have conveniently left that bit out. i suppose not. but if this were true, there are a few women out there too who would jump at the SMS rule. yesterday a judge granted a woman a divorce because her husband said she looked like a mouse. based on the "fact" that a mouse is a disgusting animal and a human shouldnt be compared to animals as such.

watever.

Ashraf's Pen 1:27 PM  

Few men would use the rule also. But it would exist making the womans position even weaker.

Its like polygamy. No one in my family has two wives.

But rules like these exist showing a bias. Why has the woman to go to a judge to get divorce. And why no maintainace or alimony in case woman initiated divorce esp in case of abusive husbands.

Sorry but am quite vocal about better rights for women in Islam.

And as I previously said the world has changed. Divorce is the buzzword

Ashraf's Pen 1:28 PM  

Btw thanks about fils

life of pi 8:41 AM  

"Sorry but am quite vocal about better rights for women in Islam." - shouldnt be sorry about that, thats great. its good that todays youth want change for the betterment for muslim women.

Ashraf's Pen 7:25 AM  

Its not about todays youth.

Its about attitudes. Todays youth also have in many places the same atavistic attitudes. Honour killings are just one of those aberrations. Why are the men not murdered. Because 'boys are boys' and its all the gals fault

The voice for change in Islam should come from the intelligentsia which sadly is not too powerful a force.

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