If we can firstly remind ourselves that the decision to divorce in Islam should not be taken lightly therefore proper attenance of both parties should take place along with 2 witnesses -2men, 2women or one man and one woman.Talak must always be done in the presence of a judge with the iddat being the period in between every talak unless the couple reconcile their differences or an irrevocable divorce is granted due to dissertion or harm. If a brother has already failed in his role as a husband the least he can do is iniate a proper Islamic divorce process with witnesses attending in person. It is traumatizing enough for a wife to be divorced for NO valid reason which is the case more often than not. In my opinion if the system is trying to justify and is prepared to tolerate the idea of SMS talak three times on the spot then the same facility must be afforded to women to divorce themselves on the spot after which recourse to the judge or middle man would take place to claim any outstanding mahr because it seems to me that high divorce rates can only be attributed to husbands for whom it is legal to go out on a whim to divorce without question or recourse to a mandatory hearing.
Divorce starts in the heart of a person. Does it matter how it was communicated, with word of mouth or messaging or via e-mail. It is true that in the latter case one need not confront his/her spouse. God instituted marriage as a covenant (till death do us apart). According to Moses' law (given to him by God) divorce was permitted under certain conditions not because God liked it that way, but because of human stubborness and wickedness.
I would like to tell the rediff audience that there exists no concept like Divorce in Hinduism. Now I see a confortable sort of hinduism emerging, They accept the things that are convinient to them and leave things that are not. Hinduism is slowly dying in India and another more apparently confortable stream in the same name is emerging. Why cannot the goverment abolish Divorce since it is against the Hindu Law. They wont because hinduism now has become a religion where the masses dictate terms and not the religion or the so called vedas which form it's basis
Please correct me if I am wrong, but I understood that for a divorce under Shariah law, the husband has to say "Talaq" three times, but there must be an interval of at least a month between two consecutive utterings of the word "Talaq". Additionally, this must be witnessed by at least 2-3 observers. Please enlighten me.
I wish Hindu courts should either speed up or give some advantage to Indians for such fast process. The persons have to keep on getting dates after dates and by the time final verdict is given, neither he nor she can do something better for themselves. If my msg is conveyed positively, I would appreciate.
RE:Digital Divorce
by venkat on Jul 07, 2003 06:26 PM
i think considerable time should be allowed to elapse since the first thoughts of divorce and its actual finalisation so that the couple get enough grace time to rethink about whether they are really doing the right thing by going for it.
