Muslims discover quickie digital divorces. Is it possible to end a marriage by text message? In strict Islamic countries, a man can divorce his wife by pronouncing talaq (I divorce you) verbally or in writing - either with pen and paper or now with electronic communication methods - and the marriage is dissolved. So far, two Islamic marriages in the Netherlands have been ended electronically.
The situation could go something like this: during a holiday abroad, a Saudi man keeps in touch with his wife via MSN Messenger. The couple argue via the internet and the husband decides to pronounce talaq. He rejects his wife according to Islam's sharia law. Because he has already pronounced talaq twice before, the couple are irrevocably divorced.
One word is sufficient
According to most interpretations of sharia, a man does not need witnesses or written declarations in order to pronounce talaq. However, the rejection does have to be confirmed by an imam in order to arrange legal and financial matters.
According to many Islamic religious authorities, primarily those in Saudi Arabia and the Gulf States where civil law is based on sharia law, one word - spoken by a male - is sufficient to dissolve a marriage. He can say the word or write it down, either on paper or via a digital communication method.
Regulations in other Islamic countries vary widely depending on the dominant form of Islam practised and the degree of separation between religion and state.
Vulnerable to fraud
Quickie digital divorces are not accepted by Shia Muslims, as two witnesses are necessary in order to dissolve a marriage. Critical Muslim clerics say digital communication methods are not reliable enough and are vulnerable to fraud.
E-mail and text message divorces do occur in the Netherlands. Sheikh Jalal Amer, a professor of sharia law at Rotterdam's Islamic University, came across two cases very recently:
"In one case, the husband announced his intention to end the marriage in an e-mail. In the other case, a husband pronounced talaq during an MSN messenger conversation. Neither couple had been married in a civil ceremony; they were married under Islamic law and had not registered with the authorities."
According to Sheikh Amer, divorce via e-mail or text message is now a fact. However, it still has to be evaluated and approved by an imam or Islamic court.
Criticism
One divorce occurs every six minutes, according to official figures released by the Egyptian government and many fear that the use of quick and easy communication methods will dramatically increase the number of divorces. However, the Rotterdam sharia law professor does not share that fear.
Critics also say that the talaq method of rejecting one's wife proves that men are incapable of discussing and solving problems and are unable to articulate their needs and desires in a normal manner.
Sheikh Amer rejects the criticism: "People are moving with the times and taking advantage of digital communication". He sees the fact that a digital divorce protects husbands from "emotional turmoil and confrontation" as an advantage.
Repugnant
Even though many Islamic men consider divorce a simple affair, society is not quite as forgiving. Muslims point to the words of the Prophet Mohammed that describe divorce as "the most repugnant of all the acts permitted by God".
Although the sharia professor has no legal objections to digital divorce, he does not approve of divorce per se, "Sharia law attaches a great deal of importance to family life. Ending a marriage via e-mail or text message does not show respect for sharia". ( nrw.nl )
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