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Fury over 'rude' SMS divorces
KUALA LUMPUR, Malaysia -- A Malaysian Islamic court's ruling that a mobile phone text message was a legitimate form of divorce has prompted outrage from local women's groups and political organizations. The groups have called for a review of the ruling, arguing it should not become a precedent as it is an unfair and unethical way of divorcing, Malaysia's The Star newspaper reported on Tuesday. A Shariah Court ruled last week that a Muslim man legitimately divorced his wife when he sent her a short messaging service (SMS) saying: "If you don't leave your parents' house, you will be divorced." A religious advisor to the Malaysian government backed the verdict, saying that divorce via SMS was in accordance with Shariah law if it was clear and unambiguous. "SMS is just another form of writing," Dr Abdul Hamid Othman, who counsels Malaysia's Prime Minister Mahathir Mohamad, was quoted by the New Straits Times daily newspaper as saying. Critics have hit out at the decision and said divorces delivered via SMS are callous, rude and begrudging of women's rights. "We are against any form of unilateral divorce where women have no say in reaching a solution to marital problems," Women's Aid Organization executive director Ivy Josiah was quoted as saying by The Star. "Although the divorce was accepted as legal, it is unjust for a husband to inform his wife via SMS, which is distant, cowardly, undignified and rude. It should not be encouraged." Josiah added that it allowed no room for any conciliation to save the marriage. 'Unethical'Divorce cases in Malaysia typically require husbands to produce witnesses in court, but under Islamic law, a man is allowed to divorce his wife simply by declaring "I divorce you" three times. More than two thirds of the Malaysian population are Muslims, and Shariah law governs religious and family matters. The SMS court ruling goes against a decision made by religious adviser Othman in July 2001. At that time he said that while SMS divorces may go ahead under Shariah law, the government would not accept them. But as SMS messaging becomes increasingly popular in Asia, that view has changed. "Information technology is fast developing. It is not surprising that people use various means including e-mails and teleconferencing to pronounce their divorce," The Star quoted Shamsul Najmi, an executive member of the ruling United Malays National Organization (UMNO) party's youth wing, as saying. Legal bureau chief of the Puteri wing of UMNO, Julita Ilhani Abdul Jabbal, told The Star an SMS divorce should still be filed and verified by a court. "We are not against males pronouncing divorce, but there are more ethical ways of doing it. When marriages are solemnized in a traditional and Islamic way, it is unfair for divorce to be uttered in an unethical manner," Julita Ilhani said.
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... It is unjust for a husband to inform his wife via SMS, which is distant, cowardly, undignified and rude.
