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DIVORCE via SMS/ TEXT MSG ???

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sulooni View Drop Down
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    Posted: 11 March 2007 at 2:51am

Is a divorce which is done by SMS (text message or Short Message Service) valid?
http://forum.islamquest.net/Forums/

The divorce process, in Islam, beholds a number of prerequisites.

Conditions attributed to the man (who executes the divorce) include:

1.       sanity (ought not be insane)

2.       pubescent (can�t be a child or infant)

3.       executing the divorce, voluntarily, of one�s own free will (neither under coercion nor with reluctance)

 

Conditions attributed to the woman include:

1.       being a permanent wife (not a temporary one [concubine])

2.       being pure (clear) from menstrual or childbirth (nifas) blood; if she is in her menstrual/nifas period, divorce may not be realised

 

Conditions attributed to the divorce�s contract formula include:

1.       reciting the specific canonical formula

2.       reciting the required words; divorces may not be realised via writing or signalling the formula. Exceptions, however, are made for the speech-impaired.

3.       being recited before two male, just witnesses.

 

It is now clear that divorces may not be carried out via telephone calls or SMSs albeit by the husband; divorces require verbal recitations and the presence of two just witnesses. Note, however, that the woman�s presence is not a prerequisite due to the fact that divorces are essentially unilaterally-executed contracts which may only be carried out by the husband or his attorney. Once the divorce is finalised, the former wife may be notified by whatever possible means, including SMS.

www.islamquest.net



Edited by sulooni
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Jeddah View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Jeddah Quote  Post ReplyReply Direct Link To This Post Posted: 11 March 2007 at 9:37pm

Salaam,

Very sad to say, but I have read in SEVERAL places it is...seems kind of cowardly.

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rookaiya View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rookaiya Quote  Post ReplyReply Direct Link To This Post Posted: 11 March 2007 at 11:51pm
i agree its cowardly. and a total disregard for the wife. what happened to kindness and compassion. even in surah at talaaq, we are told to part in kindness.
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sulooni View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote sulooni Quote  Post ReplyReply Direct Link To This Post Posted: 12 March 2007 at 1:56am

i agree. especially since divorce is one of the most frowned upon things one can do.

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Sadija View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Sadija Quote  Post ReplyReply Direct Link To This Post Posted: 12 March 2007 at 5:21am

Its so unfair.  But if a man wants to divorce he must just take the road. Who wants to be with a man that can't commit. Let him go ..

I can't handle it when females stick to their men like glue when they mistreat them.  If a man wants to text you throuh celphone let him go to hell.  OMG it makes me angry when men get so insensitive.

Success is not the key to happiness. Happiness is the key to success. If you love what you are doing , you will be successfull
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Sign*Reader View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Sign*Reader Quote  Post ReplyReply Direct Link To This Post Posted: 12 March 2007 at 10:05am
Originally posted by sulooni sulooni wrote:

i agree. especially since divorce is one of the most frowned upon things one can do.


Why are you spamming from Shiit site?
Are you trying to proselytize to Shiitism? 
Kismet Domino: Faith/Courage/Liberty/Abundance/Selfishness/Immorality/Apathy/Bondage or extinction.
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.:: SoHaIB ::. View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote .:: SoHaIB ::. Quote  Post ReplyReply Direct Link To This Post Posted: 30 March 2007 at 2:15pm
Come on guyzz do people actually do that?????? .... this is ridiculous
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number41 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote number41 Quote  Post ReplyReply Direct Link To This Post Posted: 30 March 2007 at 4:33pm
  Oh yeah..........Only the churlish keep score overtly...
'When one bright intellect meets another bright intellect, the light increases and the Path becomes clear' � Rumi
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