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Leading Sunni Islamic seminary: Divorce over cellphone is valid, even if wife doesn’t hear it

Nov 15, 2010 5:47 am By Robert Spencer

Hey, if Islamic divorce is possible via Skype, why not this?

In Islamic law, if a man says “talaq” (you are divorced) to his wife three times, even jokingly (as you can see below) or in a fit of temper, they must separate, and cannot reconcile until she marries another man, consummates that marriage, and is divorced by him. This bizarre law is based on the Qur’an: “A divorce is only permissible twice: after that, the parties should either hold together on equitable terms, or separate with kindness….So if a husband divorces his wife (irrevocably), he cannot, after that, re-marry her until after she has married another husband and he has divorced her.” — Qur’an 2:229-230

Women’s Rights In Islam Alert: “Talaq uttered by Muslim man on cellphone valid: Deoband,” from PTI, November 15:

DEOBAND: Talaq uttered thrice by a Muslim man on a mobile phone will be considered valid even if his wife is unable to hear it all the three times due to network and other problems, a fresh fatwa has ruled.

The fatwa was given by Darul-Ifta, the fatwa department of leading Sunni Islamic seminary Dar-ul-Uloom Deoband, in reply to a query by a man.

The man in his query had asked that in case no witness was present when he utters talaq thrice to his wife over phone whether it would be considered valid or not.

“I angrily said talaq three times to my wife on cell phone but she claimed that she didn’t hear it even once and nobody was around both of us. Please tell me whether talaq has taken place,” he asked.

In its reply, Dar-ul-Ifta said, “If you have given three talaqs to your wife, all the three took place and she became haram (forbidden) for you.”

The fatwa said the woman will be free to marry anywhere she likes after her iddat (three month period after divorce) is over.

“It is not necessary for talaq to take place that the wife hears it or the witnesses are present,” it ruled.

In October, the seminary had ruled that saying talaq three times even on a humourous [sic] note is valid as per the Sharia (Islamic Law) and the marriage stands nullified.

A youth in his query had stated that while chatting with his wife over net he had jokingly punched talaq thrice.

Claiming to have less knowledge about Islam, the youth said he didn’t know how talaq is executed.

The youth had stated that he was happily living with his wife and wanted to live with her in future as well.

Darul-Ifta in its reply had said once talaq is put out three times it amounts to divorce and her wife was “haraam” for him.

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Filed Under: women's rights in Islam


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