Malaysia: Divorce via SMS valid, but...

June 22, 2005

Shah Alam - Selangor Deputy Mufti Datuk Abdul Majid Omar said pronouncing a divorce using the Short Message Service (SMS) method is valid because it is similar to doing it by letter.

"But this action is not proper and not polite from the moral and spiritual aspects," he said at a seminar on the "Role of Fatwa (ruling) in building the family institution" Monday.

Abdul Majid said a couple who wanted to divorce should go through the Syariah court.

Speaking on the same matter, Mufti Datuk Seri Mohd Tamyes Abdul Wahid said SMS contests were "haram" (prohibited by Islam) as they contained elements of cheating and gambling.

He said SMS contest organisers should stop their contests as they provided no intellectual benefit apart from entertainment.

"It is a modern type of gambling because someone wins and someone else loses, and people scramble for prizes," he said.

However, the use of SMS to give donations was not haram because it was for a good cause, he added.

Hospitals and medical centres in Selangor have also been asked to refer to the Selangor Islamic Religious Department (JAIS) before registering any child born to Muslims out of wedlock with the name of the father.

Mohd Tamyes said the requirement was discussed by the Selangor Syarak Law Committee and gazetted last April. A circular on the requirement would be issued to all hospitals and medical centres in Selangor soon, "We don't want problems such as inheritance, Wali (person appointed to give away the bride in marriage) and incest to arise in future," he said.

On June 14, a Muslim doctor was fined RM2,000 by the Petaling Jaya Magistrate's Court after he pleaded guilty to falsifying information on the birth certificate of a baby boy whom he thought he had fathered from an affair with the wife of a pilot.


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