In Islam, a woman is granted a divorce if her husband himself utter the words ‘I divorce you’ three times. If a woman wanted to seek a divorce from her husband she has to follow the Khula system of Islam, in which a woman can initiate a divorce from her husband through judicial decree.
But our society has made it very hard for a woman to initiate divorce herself, even if everyone can see the proof and sometimes she has to sacrifice her own happiness just because of societal and cultural rules.
Living with a harsh man in a toxic relationship cannot be tolerated by any woman and similarly, an Emirati woman who was unable to seek a direct divorce from her husband took a strange way to get rid of him.
The woman had been in a long three years’ worse relationship with a man with whom she doesn’t want to live with but the man refused to divorce her. Finally, the woman decided to handle the matter in her own way.
The woman took her husband’s cell phone while he was sleeping. She unlocked his cell phone using his fingerprints and texted a message to herself, “I divorce you – three times.”
After this news, one of the Muslim scholars said that text message method of Triple Talaq is valid. This case was then forwarded to the court by the woman.
The Dubai Personal Status court claimed that she presented the source of the message and confessed that she had done this hopelessly because her husband doesn’t divorce her.
After the husband knew about his wife effort, the rude man instead of granting her a direct divorce, declared to make the divorce process in the court as hard and slow as possible. He might be doing this because of his self-respect or he wanted to degrade his wife.
With the advancement of the technology, people have started disputes and divorce through messages.
With respects to the law surrounding Divorce by virtual means, the Legal Consultant at Rowaad Advocates Hassan Mohsen Elhais said, such written correspondence includes, emails, text and WhatsApp messages and other texting applications that are commonly used.
However, this message should be printed and translated by the legal translator before submitting it to the court. Only then they will be accepted and considered an acceptable legal form of written correspondence and can be taken into account as evidence otherwise it will be discarded.
He said, in most cases, it is seen that the Family Court in Dubai accepts all written correspondence from the parties as evidence and in case of physical abuse, medical reports or eyewitness are taken as evidence.
Whatever the matter is, I should say, both the husband and the wife has the right to live their life according to their will. If the wife is unhappy with the man, she has the right to get separated from the man and the same situation stand for the man.
So husbands should avoid torturing their wives and should grant them divorce or talk to them to solve the matters.
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