The student news site of Guilford College

The Guilfordian

The student news site of Guilford College

The Guilfordian

The student news site of Guilford College

The Guilfordian

Islamic scholars reject involuntary divorce

A Muslim couple that has been married for 11 years and has three children is divorced because of something the husband said in his sleep. Typical, right? But it’s not what you think it is.

Under tradional Islamic law, divorce happens when the husband says the words “I divorce you”, or “talaq,” three times. There is no lawyer, no paperwork and no judge.

Over the course of three months the couple must remain living in the same home, in part to determine if she is pregnant and also as a chance to possibly reconcile. Most scholars agree that saying “talaq” three times is one sitting does not count as divorce, but instead the husband must say it over the course of the waiting period.

The process is much more difficult and biased against women that want divorce. She must prove that her husband has been abusive, didn’t provide for her, or has violated conditions of the marriage contract. This requires lengthy judicial hearings and a lot of expense.

A man in the eastern state of West Bengal in India mumbled “talaq” three times in his sleep, and community leaders suddenly are insisting that they are now divorced. The couple has no desire to be divorced.

In order to remarry, they would have to remain separated for 100 days after the waiting period and the wife would have to marry a different man and then be divorced by him.

The incompetent leaders don’t even understand the archaic law they say they follow. The part of the law says the divorce isn’t official if someone is under the influence of alcohol or drugs or if they are coerced seems to have been forgotten.

At some point, most people get a chance to meet someone who behaves very bizarrely in their sleep. A friend of mine from boarding school used to speak in tongues and not remember a thing about it in the morning.

We hear stories about sleepwalking roommates that end up outside in the bushes or wake up their friends by peering menacingly into their bed at night. Apparently, these village elders have never heard of sleepwalking.

“I have not given talaq. When I uttered talaq three times I had taken medicines to help me sleep,” the husband said to The Chicago Sun Times.

So drugs and sleep were involved.

What I don’t understand is why they had to tell people. If they had just said to each other, “well, that was weird,” then rolled over, went back to sleep, and forgot about it, there would be no problem. Instead they told their friends about it, who then told these incompetent leaders.

This is nothing but a bizarre abuse of power by the local government. Luckily, the couple is refusing to split up, and Islamic scholars agree that the order is completely ridiculous.

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