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[pnews-news] Divorced While Asleep: msg#00008

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Subject: [pnews-news] Divorced While Asleep

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http://www.theage.com.au/news/world/divorced-while-asleep/2006/03/27/1143330
980706.html

Divorced while asleep
New Delhi
March 27, 2006 - 5:24PM

A Muslim couple in India have been told by local Islamic leaders they must
separate after the husband "divorced" his wife in his sleep, the Press Trust
of India reported.

Sohela Ansari told friends that her husband Aftab had uttered the word
"talaq", or divorce, three times in his sleep, according to the report
published in newspapers today.

When local Islamic leaders got to hear, they said Aftab's words constituted
a divorce under an Islamic procedure known as "triple talaq". The couple,
married for 11 years with three children, were told they had to split.

The religious leaders ruled that if the couple wanted to remarry they would
have to wait at least 100 days. Sohela would also have to spend a night with
another man and be divorced by him in turn.

The couple, who live in the eastern state of West Bengal, have refused to
obey the order and the issue has been referred to a local family counselling
centre.

India's minority Muslim population is governed by Islamic personal laws on
issues such as marriage, divorce and property inheritance.

"This is a totally unnecessary controversy and the local 'community leaders'
or whosoever has said it are totally ignorant of Islamic law," said
Zafarul-Islam Khan, an Islamic scholar and editor of The Milli Gazette, a
popular Muslim newspaper.

"The law clearly says any action under compulsion or in a state of
intoxication has no effect. The case of someone uttering something while
asleep falls under this category and will have no impact whatsoever," Mr
Khan said.

Reuters


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