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Malay brothers/sisters help needed
dhameer
07/27/03 at 08:06:31
[slm]

Can anyone understand Malay check this news please , also please translate as to exact details of the news item. Either there is a lazy reporting or I am missing something.

http://news.bbc.co.uk/2/hi/asia-pacific/3100143.stm

Shukran,
~Dhameer
07/27/03 at 08:07:06
dhameer
Re: Malay brothers/sisters help needed
salaampeaceshalom
07/27/03 at 08:43:23
[slm]

I read this in another article also.  It doesn't seem like a nice way to get a divorce though, almost impersonal.
Re: Malay brothers/sisters help needed
ALHAIDAH
07/27/03 at 09:22:05
I agree that it is a "foul" way to get a divorce, but it has been ruled legal.
I think all around divorce is bad. I heard when a believer gets divorced it shake's the Throne of Allah.
Re: Malay brothers/sisters help needed
Barr
07/27/03 at 09:57:15
[slm] wr wb

[quote]I heard when a believer gets divorced it shake's the Throne of Allah. [/quote]

Thus far, the hadith is either dhaif or maudhu'. What is clear is the hadith which states that divorce is a halal thing that is hated by Allah. Unfortunately, the former hadith is very widespread :(

However, it does not mean that all divorces are hated by Allah. For example, a divorce from an abusive spouse etc. This differs from divorces due to flippant issues etc. Therefore, we must look at the context of the situation, and whether the hadith applies to that.

However, the adab of divorce is clarified in Islam. ie. that if should one seperate, then let it be an amicable and respected divorce, instead of one of zulm, hostility and oppression.

In Singapore, the Fatwa commitee differs in opinion from wot is reported on the issue by BBC. The commitee does not recognise talaq by SMS. This is due to many discrepencies/ uncertainties when one receives SMS. eg. the uncertainty that the sender is really the husband with such an intent. In addition, all divorces must be registered and the issue be brought to the shari'ah court, and with the example of SMS, that is the only way where the court can be certain that the husband did pronounce talaq.

I went to the website of the Department of Islamic Development, Malaysia.. and cannot find the fatwa. Its either not updated yet.. or I just can't find it.

Allahua'lam
Re: Malay brothers/sisters help needed
dhameer
07/27/03 at 15:46:57
[quote author=Barr link=board=ummah;num=1059303992;start=0#3 date=07/27/03 at 09:57:15] [slm] wr wb
I went to the website of the Department of Islamic Development, Malaysia.. and cannot find the fatwa. Its either not updated yet.. or I just can't find it.
[/quote]

[slm]

Random googling yielded a malay article of the same subject. May this will shed more light.

http://www.bharian.com.my/m/BHarian/Thursday/Mutakhir/20030724173511/Article/

Jazakallahu Khairan

Re: Malay brothers/sisters help needed
NinthMuharram
07/27/03 at 20:18:05
Basically this is what the article that bro Dhameer mentioned :-

Taken from http://www.nst.com.my/Current_News/NST/Saturday/Columns/20030726091700/Article/

[i]July 26:  LAFAZ cerai (divorce declaration) through the short messaging system is valid, ruled a Syariah court in a landmark decision, reported Utusan Malaysia and Berita Harian yesterday. [/i]

[i]But both dailies gave the Gombak Timur Syariah Lower Court's decision different play-ups.

Utusan front-paged it as its main story while Berita Harian gave it a five-paragraph mention in page 15.

In the Utusan report, syariah judge Mohamad Fauzi Ismail said as the divorce declaration was deemed valid, the marriage between plaintiff Azida Fazlina Abdul Latif and defendent Shamsudin Latif was annulled.

Shamsudin sent Azida Fazlina a SMS Kalau engkau tak keluar dari rumah mak bapak engkau, jatuh talak tiga (If you do not leave your parents' house, you'll be divorced).

The paper reported that the syariah court in Singapore had in July last year affirmed the divorce of a couple made through the SMS.

The court ruled that the intent to divorce through a message sent over the phone was as valid as one conveyed via a letter.
[/i]

Is a court ruling equals to a fatwa?
Re: Malay brothers/sisters help needed
SuperHiMY
07/27/03 at 21:37:07


    AsalamAlayKUm,
    Peace and e-Greeting be upon you SMSholics...



      A Fatwa is a 'Legal Opinion' and the opinion's worth is measured on who says it.

      For example, If Me, HiMY gives my own 'fatwa' that people should no longer use

      Hotmail, who's gonna listen?

      But if Sheikh Yusuf Al-Qaradawi gave such a 'legal opinion' with all the facts as
 
      to why he says what he says.... well, we'd all at least listen eh?

      So in conclusion,

      Don't hit the SEND button on your cellphone THREE times after touchtyping 8-2-5-2-5




     




      1  A  3
      4 L/K 6
      6  T  8
      *  0  #

        ( T-A-L-A-K )


Re: Malay brothers/sisters help needed
SuperHiMY
07/27/03 at 21:41:07

 1  A  3
 4 L/K 6  
 6  T  8  
 *  0  #

   ( T-A-L-A-K )  


        OH NUTS!!  

       I hit the REPLY BUTTON a SECOND time!  

       OOPS.

       One more and I'm, kicked off this board....

      Yikes!



Re: Malay brothers/sisters help needed
dhameer
07/28/03 at 10:34:39
[slm]

http://news.bbc.co.uk/2/hi/middle_east/3103409.stm

This time BBC reports

[quote]
They are able to divorce by simple repudiation without any formal process.
[/quote]

BBC is punlished two similar news (including the SMS) in a week.

bizzare no?

Shukran.


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