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SMS divorce? It'll cost you
Malaysian courts slap a fine on text-happy husbands

By Staff Writers

Published: Tuesday 05 August 2003

Malaysia's Islamic court is to come down harder on husbands who take divorce into their own hands, including those who use attempt divorce by text message, according to official news agency Bernama.

The Muslim court may fine husbands who divorce their wives through the short messaging service – SMS – RM 1,000 (£163.12) and above.

Raising the fine or six months imprisonment, which is the penalty for divorcing one's wife outside Islamic court, may be within the powers given to the Islamic Development Department, said its Director-General Mohamed Shahir Abdullah. The department oversees the country's Islamic courts.

Recently, Malaysian authorities overturned Islamic Syariah Court’s ruling that allows Muslims to end marriages through mobile text messages. Divorce via impersonal channels like SMS, emails, letters, faxes and telephone calls will not be validated by the Muslim court.

Authorities say the move aims to protect Islam from ridicule, because allowing SMS break-ups could give the impression that divorce is a trivial matter in the religion. Under Islamic law in Malaysia, a man can divorce his wife as long as he states his intent clearly. Traditionally, this has meant a face-to-face verbal exchange, but new technology has led to Islamic scholars seeking fresh interpretations.