Sign in to follow this  
Jabhad

The husband who woke up divorced

Recommended Posts

Jabhad   

The husband who woke up divorced

Monday 27 March 2006, 12:07 Makka Time, 9:07 GMT

The couple, married for 11 years, were told they had to split

 

A Muslim couple in India have been told by local Islamic leaders that they must separate after the husband "divorced" his wife in his sleep.

 

The Press Trust of India said in a report published on Monday that Sohela Ansari had told friends that her husband Aftab had uttered the word "talaq", or divorce, three times in his sleep.

 

When local Islamic leaders heard about the incident, they said Aftab's words constituted a divorce under an Islamic procedure known as "triple talaq".

 

The couple, married for 11 years with three children, were told that they had to split.

 

The religious leaders ruled that if the couple wanted to remarry they would have to wait at least 100 days. Sohela would also have to marry another man, spend at least a night with him and be divorced by him.

 

The couple, who live in the eastern state of West Bengal, have refused to obey the order, and the issue has been referred to a local family counselling centre.

 

India's minority Muslim population is governed by Islamic personal laws on issues such as marriage, divorce and property inheritance.

 

Zafarul-Islam Khan, an Islamic scholar and editor of an Islamic newspaper, The Milli Gazette, said: "This is a totally unnecessary controversy and the local 'community leaders' or whosoever has said it are totally ignorant of Islamic law.

 

"The law clearly says any action under compulsion or in a state of intoxication has no effect. The case of someone uttering something while asleep falls under this category and will have no impact whatsoever."

 

Divorce in Islam

 

"The law clearly says any action under compulsion or in a state of intoxication has no effect. The case of someone uttering something while asleep falls under this category and will have no impact whatsoever"

 

Zafarul-Islam Khan, Islamic scholar

Islamic scholars differ on whether the triple divorce pronounced concurrently by the husband is to be considered as a single divorce or three separate divorces.

 

If it is considered as three divorces, then the couple cannot be married again unless someone else marries the woman and chooses to divorce her.

 

Most scholars state that if the husband pronounces the divorce of his wife three times on one occasion, it will be counted as three divorces.

 

Other scholars say it should be counted as only one pronouncement of divorce.

 

Acceptable divorce

 

Divorce in Islam is not decreed at all times or in all cases.

 

The man who wants to divorce his wife should be sober, in a well-balanced and judicious state.

 

If he is not fully conscious, or forced to divorce his wife, or in a state of wrath which causes him go beyond his intention and imagination and utter what he does not want to say, it is not considered valid.

 

Divorce in Islam should be intended and studied before considering it the only remedy for an unhappy marriage.

Aljazeera + Agencies

Share this post


Link to post
Share on other sites
Jabhad   

^If thats the case, then she should have gone to an Islamic court and explain why she wants a divorce and if that explanation agrees with the Shariah, then she can easily obtain a divorce, no need to go that far ;)

Share this post


Link to post
Share on other sites
Abaadir   

Originally posted by Makalajabti

or more like another article to show loopholes in Sharia laws.

I wonder what Islam has done to you that you hated it so much. You always find an excuse to bad-mouth it

Share this post


Link to post
Share on other sites

Originally posted by Abaadir:

Originally posted by Makalajabti

quote:

or more like another article to show loopholes in Sharia laws.

I wonder what Islam has done to you that you hated it so much. You always find an excuse to bad-mouth it
You are confusing Islam to the arab made laws called sharia. I love my religion but yes I've got a problem with Sharia, all the misunderstandings and human right abuses in the Muslim World are originated in Sharia.

Share this post


Link to post
Share on other sites
Laba-X   

You are confusing Islam to the arab made laws called sharia. I love my religion but yes I've got a problem with Sharia, all the misunderstandings and human right abuses in the Muslim World are originated in Sharia.

 

...Don't let you mind wander - it's far too small to be let out on its own!

Share this post


Link to post
Share on other sites

Originally posted by Laba_Xiniinyood:

You are confusing Islam to the arab made laws called sharia. I love my religion but yes I've got a problem with Sharia, all the misunderstandings and human right abuses in the Muslim World are originated in Sharia.

 

...Don't let you mind wander - it's far too small to be let out on its own!

Don't be igorant and blind , you know the problem with Sharia

:cool:

Share this post


Link to post
Share on other sites
Khalaf   

You are confusing Islam to the arab made laws called sharia. I love my religion but yes I've got a problem with Sharia, all the misunderstandings and human right abuses in the Muslim World are originated in Sharia.

 

 

Damn MJ sister. You almost had it, c your mistake? InshaAllah u will get it in the future.

Share this post


Link to post
Share on other sites
Laba-X   

Originally posted by makalajabti:

Don't be igorant and blind , you know the problem with Sharia

:cool:

...To be ignorant of one's own ignorance is the malady of the ignorant, they say!

 

Lol@Jamila, i doubt the poor girl knows the meaning of ignorance!

Share this post


Link to post
Share on other sites
Ibtisam   

:rolleyes: ^^^i don't see how you lot making a mockery of her is going to help her understand. It will just make her defensive and stuck in her ways.

Share this post


Link to post
Share on other sites

Jamila that is so mean! Just because we don't have the same opinions what gives you the right to label me? :confused:

 

All the fuss over a spelling mistake? I should start all my messages by a warning: I apologize in advance for all the mistakes (spelling, grammar) as English is not my first language.

 

Ibtisam: you think the condescending tone will help? icon_razz.gif

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this