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Down Under Punditry in the Middle East

March 28th, 2006

Sleep-Talking Your Way to Divorce

Aussie Dave

Introducing the “triple talaq”:

A Muslim couple in India have been told by local Islamic leaders they must separate after the husband “divorced” his wife in his sleep, the Press Trust of India reported.
 
Sohela Ansari told friends that her husband Aftab had uttered the word “talaq”, or divorce, three times in his sleep, according to the report published in newspapers today.
 
When local Islamic leaders got to hear, 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 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 spend a night with another man and be divorced by him in turn.

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.

“This is a totally unnecessary controversy and the local ‘community leaders’ or whosoever has said it are totally ignorant of Islamic law,” said Zafarul-Islam Khan, an Islamic scholar and editor of The Milli Gazette, a popular Muslim newspaper.

“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,” Mr Khan said.

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An Australian immigrant to Israel, Aussie Dave has been blogging since early 2003.

Tags: Islam

One Response to “Sleep-Talking Your Way to Divorce”

  1. Gravatar

    this kind of thing is only amongst sunnis, as they accept the so called ‘bidah talaq’ (bidah-innovation in religion) of Umar, their second caliph. Qur’an and sunnah of Prophet Muhammad (PBUH&HP) state unequivocally that divorce be three separate pronouncements, with time to go back to the marriage. It is even in sunni books that during the lifetime of Prophet (PBUH&HP) that such three at one time pronouncements counted as ONE time (i.e. only ONE of three pronouncements required for irrevocable divorce).

    Peace, Salaam, and Shalom

    Aliya

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