sms வழியாக த்லாக் சொல்லலாம், டெலிபோன் வழியாக தலாக் சொல்லலாம் என்பதற்கு அடுத்தபடி கூரியர் வழியாகவும் தலாக் சொல்லலாம் என்று புரட்சி செய்திருப்பது டெல்லி கோர்ட்
Delhi court validates divorce communicated by hired agents under Shia Islamic Law
Published: Monday, May 9, 2011, 4:20 IST
By Rakesh Bhatnagar | Place: Mumbai | Agency: DNA
After the email, the SMS and the telephone it’s the turn of the hired courier to say ‘talaq’ and get the job done for the husband! Yep, this has been accepted as a legal right.
A Delhi court has validated divorce given by a Shia Muslim,Sabir Hussain, to his wife Mumtaz through another man appointed by him as his agent to pronounce the word ‘talaq’ in Arabic as he could not speak that language. Additional District Judge Reetesh Singh said Hussain has duly proved that he had obtained divorce from Mumtaz as prescribed under Shia Muslim Law.
It is held under Shia Muslim law that if a husband isn’t conversant with Arabic he can engage/hire an agent to pronounce ‘talaq’ on his behalf in the presence of two witnesses. Mumtaz had contended that to secure divorce under Shia Muslim Law ‘talaq’ should be pronounced only in Arabic, and that by the husband himself. Hussain was married to Mumtaz in 1992. They have two sons and a daughter.
While ‘talaq’ by agent is new, former deputy chief minister of Haryana Chander Mohan, the son of Bhajan Lal,who converted to Islam and called himself Chand Mohammed, is also in the thick of a legal battle overgiving divorce by SMS to his converted wife, a former deputy advocate general of the state. He used the digital means to say `talaq’ to second wife Fiza. Muslim scholars have termed it “unacceptable” and say there is no concept of instant divorce in Islam.