Man Accidentally Divorces Wife in Sleep

Beetlejuice. Beetlejuice! BEETLEJUICE!

Goes to show you how much different other cultures can be. This is something I have a hard time grasping, but then it's not my beliefs.

Not one to critise, but there seems to be a severe lack of common sense

Yes, let's force the poor woman to spend a night with another man too. Of course, knowing strict Islamic law the way we all do (err... huh?), they'll probably then stone her to death for infidelity.

Wow.... just.... wow.

what.... the hell?

I guess I wonder how they verified that he said it in his sleep. Only his wife would have heard him say it (presumably, not sure what living conditions are like there), and she may have an ulterior motive (On that note, I wonder if there will be any "copy-cat" divorces in the Muslim world by poorly treated wives after this). Even he would not be a reliable witness, since he was asleep. He should have claimed hearsay. One wonders if there was no corroborative evidence, why the village elders ruled so hastily - again, an assumption.

Also, does intent manner? If he said it in a dream, it could have been directed to someone else. Does Islamic law require there be intent? If the man had said it to his friend rather than to his wife, would he still be divorce?

With over a thousand years to refine the law, you'd think there'd be a precedent for this that would apply.

Sorry, the lawyer in me got out for a second there ;>

I'm not sure, but I think it's just as easy for a woman to divorce her husband in Islamic law. So I don't know about those "ulterior motive" or "copy-cat" theories.

We're all operating under the assumption that Islamic law is rational. It's not. It's based on superstition and the subjugation of many people (non-Muslims, women, etc.).

On the one hand, I hate the thought of casting an entire religion in this mold... but have we seen anything to indicate that it isn't? Muslims in the States or other western nations? Is it that they're practicing the "true peaceful Islam" or that they've been sufficiently westernized in understanding human dignity?

This is just proof of how uttely stupid people can be. We all think we are high and mighty, but we are all just like these people making absolutely assanine decisions in third world countries.

The woman in this story needs some common sense. A logical person would have woken the husband up, asked "did you mean what you just said?", and when he says "no", then they go back to bed and that is the end of it. Why she decided -- knowing the strict rules of her village -- decided to go public with the issue, I don't understand.

angelabgrant wrote:

I'm not sure, but I think it's just as easy for a woman to divorce her husband in Islamic law. So I don't know about those "ulterior motive" or "copy-cat" theories.

This form of divorce is actually not common law in most Muslim states as I understand it. However, it would appear that this particular tribe in East India does apply the archaic form. That being said, if they're that traditional, then I can all but assure you it's no where near as easy for a woman to divorce her husband. She would have to show severe mistreatment before being allowed to leave her husband. There's no Talaq divorce for women. As a matter of fact, the divorce for a woman is a completely different word all together: Hula.

Please note: IANAIL (I am not an Islamic lawyer).

You guys are missing the whole point. Did you notice that guy say he was on sleep medicine. Have you read any of the recent stories about all the crazy business people are doing when they are supposed to be asleep on Ambien.

Washington Post story here

Sorry I meant here

I'm not sure that medicines to help me sleep necessarily means Ambien, especially in what I would suspect is rural India. Further, I also don't think that's the whole point of this story, but I could be wrong.

ryleeys - what makes you think that "Western" law is rational?

If "Western" law was rational do you think same-sex couples would be fighting for the same rights as hetero couples?

If "Western" law was rational do you think people would go to jail for possessing miniscule amounts of marijuana?

If "Western" law was rational do you think OJ would have got off?

@ Shak: I'd say that any of those is more rational than Islamic law. What about that other story of the Christian convert who is now in hiding? Do you know that all Christian converts are killed by either stoning or hanging? Isn't that just so delightfully rational?

I think not.

Edward Sebastian: Of course, you have to consider Christian history as well. We Christians don't have the best track record for our treatment of those who don't convert to Christianity or are perceived as not being entirely Christian. We've gotten a lot better in the past 100+ years especially, but we've also got a pretty bloody record. This case, as well as Mr. Rahman in Afghanistan and past Christian brutality, show that fundamentalism is senseless, not Islam.

@Edward Sebastian: While I see the point you are trying to make, I'd like clarify that there is no such thing as "more" or "less" rational. It's kind of like wetness - something is either wet or it is dry - there is no such thing as "more" wet. The same binary logic works with rationality - arguments/people/theories etc. are either rational or not.

I guess the point I was trying to make to rylees was that the comment he/she posted smacks of Western Hegemony. I too do not comprehend, condone or try to justify Sharia law and it's particular methods of jurisprudence but that does not give me the right to sit on a high-horse and claim moral superiority.

Can an Islamic woman divorce her husbnad by choice? I'm agree with the person that commented earlier that maybe she saw this as her way of getting out of the marriage.

Shak and others,

I never exactly said that I thought Western law was 100% rational, but then again, I do believe it is more rational than any law founded strictly by religion. We undoubtedly have Judeo-Christian roots in American law, but there's more to it as well. That being said, there are thousands of examples of how Western law acts irrationally.

What I don't get is why we're all proving the Jylland-Posten's point? That we're all so scared of being politically-incorrect that we have to qualify every statement about Islam by also saying, "Hey, Christians and Jews are just as bad!" Hell, it may be true, but that's not what we're discussing here. We're discussing yet another example of how Islam outside of western countries is stuck in medieval thinking. Of course I know Christianity's and Judaism's track records... contrary to popular belief, I'm not actually an idiot.

The difference is that Western culture, complete with its Judeo-Christian heritage, is moving on somewhat from the crusades, the inquisition, etc... can the same be said for Islam?

@ryleeys

The difference is that Western culture, complete with its Judeo-Christian heritage, is moving on somewhat from the crusades, the inquisition, etc... can the same be said for Islam?

I would say yes. Fundamentalist Islam is not moving forward, but then againt that's what the fundamentalist movement is all about. I think there are many Islamic societies and cultures that have moved beyond this. Like I've been told before, let's not group all Muslims into one group, because with a religion that is practiced by as many as there are, there are bound to a wide variety of differences (look at all the Christian sects as a more widely understood example). It's simply the fact that we're not exposed to the Protestant, or Orthodox, or Catholic sect divisions of Islam everyday in the same way.

But, Sharia law also states that such utterances are not not valid in a state of intoxication or other mental incapability. As such, wouldn't normal sleep conditions (without the aid of medication) fall under that, let alone with the aid of medication?

Well to prove that some muslims tried to move on with the times, someone tried to divorce through SMS - not sure how to link an article, just search for SMS divorce...

Osama Been Gruntfuttock here (Messrs Soo, Grabittt & Runnne)

We have the pleasure act for that comely redhead, Mrs Ansari, in the matter of her divorce.

In the first instance, it is denied the lady in question married Mr Ansari for money and is now divorcing him for it.

First, I deny the lady was dazzled by my skill and virtuosity, not to mention my healthy income and good looks. Following her entreaties to be my side always now that Mr A had been sidelined, I naturally admonished her by asking if what she wanted for us was snatched drinks in grimy bars on the edge of town, lying on the phone, hurried meetings in sordid motels rooms etc. etc..

Bravely, with jaw a-jut my client has accepted that it was just a suggestion.

Neverthelessand notwithstanding, a class-action IS to be brought against certain of the village elders who allegedly sent Valentine cards to the wives of 999 other moslem households signed, and we quote: "Guess Who?".

Doubtless the fact the senders were all Divorce Lawyers will mitigate against the rest of this sentence...

Further & Better particulars of this harrowing case will be posted shortly ....