Talaq uttered on cellphone valid, says fatwa

Last Updated: Monday, November 15, 2010 - 18:24

Deoband: Talaq uttered thrice by a Muslim
man on a mobile phone will be considered valid even if his
wife is unable to hear it all the three times due to network
and other problems, a fresh fatwa has ruled.

The fatwa was given by Darul-Ifta, the fatwa department
of leading Sunni Islamic seminary Dar-ul-Uloom Deoband, in
reply to a query by a man.
The man in his query had asked that in case no witness
was present when he utters talaq thrice to his wife over phone
whether it would be considered valid or not.

"I angrily said talaq three times to my wife on cell
phone but she claimed that she didn`t hear it even once and
nobody was around both of us. Please tell me whether talaq
has taken place," he asked.

In its reply, Dar-ul-Ifta said, "If you have given three
talaqs to your wife, all the three took place and she became
haram (forbidden) for you."

The fatwa said the woman will be free to marry anywhere
she likes after her iddat (three month period after divorce)
is over.

"It is not necessary for talaq to take place that the
wife hears it or the witnesses are present," it ruled.

In October, the seminary had ruled that saying talaq
three times even on a humourous note is valid as per the
Sharia (Islamic Law) and the marriage stands nullified.

A youth in his query had stated that while chatting with
his wife over net he had jokingly punched talaq thrice.

Claiming to have less knowledge about Islam, the youth
said he didn`t know how talaq is executed.

The youth had stated that he was happily living with his
wife and wanted to live with her in future as well.
Darul-Ifta in its reply had said once talaq is put out
three times it amounts to divorce and her wife was "haraam"
for him.

The fatwa section in its reply stated that in the
process it does not matter whether the man had enough
knowledge of Islam or not.

Under such circumstances the youth was neither allowed
to take his wife nor to marry her again, it stated, adding
now she would be required to go through nikah "halalah".

As per the ruling, the woman would be required to
complete iddat period after which she would be required to
marry another man.

The woman would be then required to divorce her second
husband and go through iddat period again.

"Then only the woman would be allowed to re-marry her
former husband," it stated.

"When you gave three talaqs, all the three took place.
No matter whether the woman gives talaq or not. Your wife
became haram for you whether you are aware of the commandments
of Islam more or less," the fatwa read.

"Neither you have the right to take her back nor
solemnise new nikah without a valid nikah halalah. After the
completion of iddat period, the woman can marry where she
wishes except you," it said, citing references from the books
such as Bukhari and Fatawa al-Hindiyah etc.

Senior mufti of Dar-ul-Uloom Waqf Arif Kasmi said that
under Sharia talaq even if made out in a lighter vein amounts
to divorce.

PTI



First Published: Monday, November 15, 2010 - 18:24

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