Fascinating facts about sharia, no. 1

As Lord Phillips helpfully pointed out in his lecture last night, in which he defended the Rowan Williams line, sharia is a set of principles ultimately based on the Koran. Good to know, eh?

But did you know that, in Islam, a man can divorce his wife by text message, even if he never sends her the text? That’s the view of Mufti Muhammad ibn Adam, at least. He teaches in Leicester. This is what he says:

a) If one merely typed the word “divorce” or Talaq” or “I divorce” etc on the phone as a text message or on a computer as email, without actually referring the divorce to one’s wife or taking her name, and also without sending her the message or mail, then in such a case divorce will only count if one intends it. The reason being is that this would be considered “informal” writing for which an intention is needed. It is similar to writing these words on a wall or piece of paper without actually addressing the divorce to one’s wife.

b) If one typed the word “divorce” or “talaq” etc as text massage or email and then sent it to the wife’s phone or email, then divorce will come into effect even without having an intention. The reason being is that, by sending the message or email to one’s wife, it becomes a formal writing of divorce in which having an intention is not necessary.

c) If one did not send the text message or email to the wife, but referred the divorce to his wife or took her name, then in such a case also, divorce will come into effect even without having an intention. It is similar to one issuing a divorce as formal writing without actually sending it to the wife. Referring the divorce to one’s wife and taking her name in it self becomes “formal” writing, hence divorce comes into effect even without intending it.