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nbcrusader

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Man Accidentally Divorces Wife in Sleep

Village elders ordered a Muslim man in eastern India to leave his wife after he accidentally divorced her in his sleep, a news report said Tuesday.

Aftab Ansari uttered the Urdu word for divorce, "talaq," three times in his sleep, prompting his worried wife to discuss the matter with her friends, according to the Press Trust of India news agency.

Under Islamic law, a husband need only say "I divorce you" three times to secure a permanent end to his marriage.
 
"I have not given talaq. When I uttered talaq three times I had taken medicines to help me sleep," he was quoted as saying in the report.
:crack: Another Ambien case, maybe? Seriously, I almost got killed driving home late at night a few months back by a driver who turned out to be on that stuff. Driving straight and fast right down the wrong side of the road, never veered for me or anything.
The religious leaders said that before remarrying, the couple would have to be apart for at least 100 days and that the wife, Sohela, would also have to spend a night with another man and then be divorced by him.
The usual procedure when the particular formulation he used has been chosen. The "elders'" decision has been roundly scorned by the major Indian Islamic law societies, on grounds that a sleeping man cannot be meaningfully said to have chosen to divorce. But if the village moulavis have the same kind of power there as they do elsewhere in that region, it probably won't matter, unfortunately.
 
BorderGirl said:
More of the same from the Religion Of Peace and Tolerance.

Maybe he is "crazy". Like the Afghan man on trial for converting from Islam to Christianity.

C'mon, people, let's not be so quick to attack. Just remember your sources (i.e. mainstream media)...also, just because certain uneducated and/or extremist clergy say something, it's not necessarily the truth about Islam.

Divorce in Islam is a last resort, but it was put there for very pragmatic reasons, and gives rights to both women and men to divorce (remember, this was the 7th century, and no other place on earth provided women such rights)...which was an improvement on Judaic laws. And the guidelines are there to ensure no "hasty" decisions are made by the parties:


http://www.mwlusa.org/publications/positionpapers/divorce.html

God encourages the husband and wife to appoint arbitrators as the first step to aid in reconciliation in the process of divorce. If the reconciliation step fails, both men and women are guaranteed their right to divorce as established in the Qur'an, but the question lies in what is the procedure for each. When a divorce is initiated by the man, it is known as talaq. The pronouncement by the husband may be verbal or written, but once done, a waiting period of three months ('iddat) must take place in which there are no sexual relations even though the two are living under the same roof. The waiting period helps prevent hasty decisions made in anger and enables both parties to reconsider as well as determine if the wife is pregnant. If the wife is pregnant, the waiting period is lengthened until she delivers. At any point during this time, the husband and wife are free to resume their relationship, thereby stopping the divorce process. At this time, the husband remains financially responsible for the support of his wife.

The divorce initiated by the wife is known as khu" (if the husband is not at fault) and entails the wife giving her dowry to end the marriage because she is the "contract" breaker. In the instance of talaq where the husband is the "contract" breaker, he must pay the dowry in full in cases where all or part of it was deferred.
 
Maybe women could be empowered by this decision. It is my understanding that women cannot initiate divorse in this manner. Now they can claim their husbands said it in their sleep.
 
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