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Divorce by sms
15TH EDITION JANUARY 2007 MUHARRAM 1428
is issue
Inside th
First SANAA PETERSEN & Dr AHMED I have talaqed two Holy Qur'an used the word
female ABDUL MALICK thirds of your Sarah-release/liberate in the
to set Pop Singer Britney Spears, 24,
body" or " I have
talaqed your pri-
form of talaq. Soorah Al
Ahzab: Verse 28. "O Prophet!
foot on abruptly filed for divorce from vate parts," then Say to thy wives, "If it be that
the her rapper husband Kevin
Federline after two years of
the talaq is valid.
It is agreed upon
you desire the life of this
world and its glitter, then
moon marriage - and two children - by the majority of come, I will provide you for
while he was filming in the ulama of the your enjoyment, and release
Canada. matha-hib that the you (or set you free) in a hand-
PAGE 2 Federline was taping a reality qasd (intention) is some manner."
television show and talking a pre-requisite of Imam Shafi-iy and the
about Spears being his biggest talaq. When one Hanabilah regard these three
fan - until he gets an SMS. Ur talks about divorc- words as sareeh forms of talaq.
dumped! Then he puts his head ing his wife while Inspite, of Arabic speaking
Hajj in his hands, rips off his
microphone and disappears,
asleep, this type of
talaq is not bind-
countries today, the words
"you are haraam for me" have
industry returning 30 minutes later, vis- ing. And if he has also become evidently clear to
in ibly angry. lost his senses and denote talaq.
turmoil
And, he is not the only person divorced his wife, THE DECREE OF THE
that has been divorced via a his talaq will not TALAQ AL SAREEH
SMS. My friend Rubeena be binding. The talaq decree is carried out
received her divorce notifica- The Shafi-iy-yah, as a wajib if pronounced in
PAGE 3 tion four years ago, when tex- Hanabilah and any of the sareeh forms
ting was not as popular. While Tha-hiriy-yah say accepted by the various a-
Rubeena was at home caring that a talaq sareeh immah (leaders). This is
for their nine month old baby, Mortified: Britney Spears dumps husband, becomes binding because the sareeh form of
her then husband, SMSed "I Kevin Federline by sms. with three different talaq does not need a niyah to
divorce you with immediate utterances. make it clear.
effect" and he supplied her The jurists all agree that a AL TALAQ BIL KITABATI
with his attorney's details. talaq materializes and the mar- 1- Al Talaq - Divorce ILAL GHA-IB:
Desmond "We were married by Muslim
rights and everything was sort-
riage contract come to an end 2- Al Firaq - Separation
when the husband pronounces 3- Al Sarah - Release/Liberate
THE TALAQ IN WRITTEN
FORM TO ONE WHO IS
Tutu on ed out by his attorney. I the word "talaq" in Arabic or These three words which NOT PRESENT
Israel haven't seen him since," said
Rubeena. She believes that he
in any other language. Talaq describe talaq are mentioned The talaq is valid if it is writ-
can also take effect in the writ- in the Holy Qur'an - ten, subject to the following
being an has remarried and relocated to ten or oral form. When one detailed conditions. It can
apartheid London. utters the talaq, it is done so 1.The word Talaq is mentioned either be illustrative or non-
state Is divorce by SMS binding in
Islam? We speak to Dr Ahmed
either in the sareeh(direct) or in the Holy Qur'an. Soorah Al
in the kinayah form (indirect Baqarah: verse 229
illustrative.
Illustrative Script: This is a
Abdul Malick, who holds a form) "Talaq is twice, thereafter you clear evident script that has
PhD in Islamic Media and have to decide to come togeth- left a mark behind, like the
PAGE 6 Communications, from the er with goodness or to separate writing on paper, the ground or
Talaq Al-Sareeh
University of Indonesia: Talaq Al-Sareeh is the plain with equity and justice. on a wall. Although texting
Talaq(divorce) is a social phe- form of speech which clearly 2. Here we have an example of talaq by SMS is a contempo-
nomena such as Nikah and illustrates what is been said, the word Faraq- separate, used rary issue, if a husband SMS
Raj-ah which needs religious for example - "You are in the Holy Qur'an denoting talaq to his wife, who definite-
guidance and cannot be joked divorced". This talaq, accord- the word talaq . "And if they ly recognises her husband's
about. The Prophet ing to all four imams, is bind- separate from each other,then cellular number, it is binding.
Wish all Muslims a Muhammad (pbuh) said, ing without reservations. This Allah willprovide abundance This talaaq is in its written
Muharram Mubarak and
" There are things when they talaq is also valid if an expres- for both of them from His All- form and is agreed by the
take place, its seriousness is sion of speech, is attached to reaching Bounty, for Allah is majority of the ulama of the
all Hujjaj a Haj Makbool taken in earnest, and its jest is certain parts of the wife's He who cares, and He is All- matha-hib such as Shafi-iy-
and Haj Mabroor – taken in earnest: 1-Marriiage,
2-Divorce, 3-The Raj-ah or
body, for example if a man wise." yah and Hanafiy-yah.
Insha-Allah.
says to his wife: "O Thurayah,
recall/freedom." 3. Here we can see how the CONTINUED TO PAGE 3
First Female Private Space Explorer District six resident returning home
& First Space Ambassador SANAA PETERSEN
A
nousheh Ansari Swinburne University. has received multiple hon-
captured headlines In 1993, Anousheh con- ors, including the Working
around the world as vinced her husband that Woman's National
the first female private they should quit their jobs, E n t r e p r e n e u r i a l
space explorer. In cash in their savings and Excellence Award, George
September 2006, create a telecommunica- Mason University's
Anousheh earned a place tions startup. E n t r e p r e n e u r i a l
in history as the fourth They founded telecom Excellence Award, George
private explorer to visit technologies, inc., (tti) in Washington University's
space and the first astro- Richardson, Texas and Distinguished Alumni
naut of Iranian descent. created a product called a Achievement Award, and
She was born in Tehran, "softswitch" that allowed the Ernst & Young
Iran and moved to the voice communications Entrepreneur of the Year
United States at age 16. over the Internet. By 2001, Award for Southwest
She turned 40 years old Anousheh helped tti earn Region. She also has been
while in quarantine three key U.S. patents. named a life member of
preparing for her trip into The company had grown the Association of Space
space. Anousheh lives in to 250 employees and Explorers.
Divorce by sms
CONTINUED FROM PAGE 1 expressed without a niyah. or not dictated by him,
Kitabu Ghayrul Marsoomah: according to Imam Hanafiy
Non-Illustrative Script: This is an unofficial letter and Imam Shafi-iy is not
This is when no visible marks which means it is not binding. The husband also
are left to indicate that one addressed to the person in needs to acknowledge that the
has divorced his wife, like question. It perhaps only message is from him. And, if
writing on water or in the air. reads "my wife Thurayah, is a husband divorces his wife
Invisible or illegible writings divorced". This type of script by SMS with an unidentified
cannot be regarded in hokum is only decreed as talaq if the number, no talaaq is binding
(decree) to be talaq, even if niyah is connected to it and until the husband acknowl-
the intention has been made the situation of the time is edges that he has sent the
for talaq. clear. It must be understood SMS.
Illustrative script is divided that the written notice takes While a divorce, which is
into two kinds: the place of a pronouncement recognised by the medical
Kitabul Marsoomah: This is without any niyah attached to fraternity as a trauma, is
the customary official notice it. If the letter is official. If it binding by sms or email - we
which is duly, addressed and so happens that a man wrote a ask, "Who or what cares for
posted to his wife, for exam- letter or SMSed or emailed the children. Will the nikah
ple, "To my wife Thurayah. If his wife to talaq her in an be performed via sms or
you receive this letter, then official manner, but later email. What about the doop-
know truly that I have claims that the only reason mal and the janaazah … what
divorced you". It is also bind- for having written the letter happens after the ceremony?
ing if he SMSed or emailed or SMS was to assess his Cellphone usage research
her and expressively declared handwriting and improve it, indicates that younger per-
talaq. The decree of such a then the talaaq is not binding. sons uses the 'confrontation
letter is that a talaq is decreed We need to understand that now and mortification later'
by the qadee as a sareeh from any letter not written in the reasoning.
of talaq, even if it has been husband's own handwriting,
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6 January 2007 - Muharram 1428
News on AFRICA
7
Interesti
ng facts
Geography of Somalia
National muslim leaders forum speak on Somalia
Our country Kenya has over understand that ty, destabilise the region and
Location: Eastern Africa, bordering the Gulf of Aden many years established itself we cannot have promote the American hege-
and the Indian Ocean, east of Ethiopia as a country that values a lasting solu- monic agenda in the horn of
Geographic coordinates:10 00 N, 49 00 E peace, not just within its bor- tion without or Africa.
Map references: Africa ders but for its neighbours as against them We also challenge the media
Area:total: 637,657 sq km well. We have been known and therefore to be fair and objective in
land: 627,337 sq km
water: 10,320 sq km to give home to refugees there is need to their reporting on Somalia to
Area - comparative: slightly smaller than Texas from Uganda, Ethiopia, engage them reflect the true situation in
Land boundaries: Somalia, Sudan, Rwanda, positively in the the country.
total: 2,340 km Burundi and Tanzania peace initia- As Muslim Leaders, we reit-
border countries: Djibouti 58 km, Ethiopia 1,600 amongst others. We have tives. erate that the security and sta-
km, Kenya 682 km been involved in resolution 3) Suspend bility of our country is para-
Coastline: 3,025 km
Maritime claims: territorial sea: 200 nm of conflicts involving these plans for the mount and must be the first
Climate: Principally desert; December to February - countries with admirable deployment of priority of our government.
northeast monsoon, moderate temperatures in north success. The latest being in IGAD peace We deeply care and love our
and very hot in south; May to October - southwest the Sudan and Somalia. keeping mission country and we have to see
monsoon, torrid in the north and hot in the south, In playing this role, Kenya until an agree- that it does not turn into a
irregular rainfall, hot and humid periods (tangambili) maintained a facilitative and ment is reached chaotic and unstable place.
between monsoons
Terrain: Mostly flat to undulating plateau rising to neutral role and resisted spir- between TFG We also urge the Union of
hills in north ited attempts and machina- and UIC. Islamic Courts to accept
Elevation extremes: tions by foreign nations to be As concerned Kenya as an arbitrator in the
lowest point: Indian Ocean - 0 m an actor in these conflicts. Kenyans, we are current conflicts to end the
highest point: Shimbiris - 2,416 m We are all aware of the ten- involved in overt and covert aware that for- escalating conflict.
Natural resources: Uranium and largely unexploit- sions that are present in interference. eign troops have entered in And finally, we call upon all
ed reserves of iron ore, tin, gypsum, bauxite, copper,
salt, natural gas, likely oil reserves Somalia between the Union As Muslim Leaders, are the Northern region of our faith leaders to join efforts in
Land use: of Islamic Courts (UIC) and gravely concerned that our country, with the help of our ensuring peace and stability
arable land: 1.67% the Transitional Federal government has decided to government. Movements to reigns in Somalia and the
permanent crops: 0.04% Government(TFG). take sides on the Ethiopia- this effect have been wit- whole region. This is our pas-
other: 98.29% (2001) Ultimately, it is only the peo- Somalia conflict, a decision nessed in Moyale, Wajir, sionate plea and prayer.
Irrigated land: 2,000 sq km (1998 est.) ple of Somalia who will reach that will endanger our securi- Isiolo and Garissa. We con-
Natural hazards: Recurring droughts; frequent dust
storms over eastern plains in summer; floods during a final settlement- and agree ty and the stability of our sider this as a strategy to use Issued by the National Muslim
rainy season to the kind of country they nation. These events are rais- our country as a base to Leaders Forum, which comprises
Environment - current issues: Famine; use of con- want for themselves. As a ing serious concerns. Kenya attack Somalia and destroy of - Sheikh Khalfan Khamis
taminated water contributes to human health prob- neighbour and facilitator, we is the Chair of Inter- the peace and stability being Chairman Majlis Ulamaa,
lems; deforestation; overgrazing; soil erosion; deserti- should at best offer help and Governmental Authority on experienced now in Somalia Sheikh Dor Muhammad Dor
fication support to the peace initia- Development (IGAD). As and to discredit the Union of Secretary General-Council of
Environment - international agreements:party
to: Endangered Species, Law of the Sea, Ozone Layer tives. Kenya has, in the past, such, Kenya bears heavy Islamic Courts because of Imams and preachers in Kenya,
Protection received accolades from the responsibility for the out- their Islamic credentials. As Sheikh A.A.A Elmaawy
Geography - note: Strategic location on Horn of people of Somalia for our comes of both the UIC-TFG such, there is a growing risk Chairman- Kenya Association of
Africa along southern approaches to Bab el Mandeb hospitality, facilitation and and Ethiopia-Somalia con- of dragging Kenya to become Ulama and Imams, Sheikh Ismail
and route through Red Sea and Suez Canal neutrality in the Somalia cri- flicts. Kenya cannot pretend part of the conflict, and turn- Hassan Nairobi Muslim associa-
People of Somalia sis. to be aloof as the IGAD ing our country into another tion, Ibrahim A.Yussuf Deputy
Population: 8,591,629 We have been seen as an hon- Chair, when it is aware that Iraq and Afghanistan. This Secretary Jamia Mosque commit-
note: this estimate was derived from an official cen- est broker, a disposition we one of its member, and neigh- will affect every peace loving tee, Abdulrahman Wandati
sus taken in 1975 by the Somali Government; popula- need to maintain. bour, is at war in another human being in Kenya with a Executive Director Muslim
tion counting in Somalia is complicated by the large However, we are also aware member's territory. potential of creating discord Counsultative Council, Abdallah
number of nomads and by refugee movements in that Ethiopia, a country that We call on the Kenya govern- between Christians and Ndope Chairman Islamic
response to famine and clan warfare (July 2005 est.) has had historical conflicts ment as Chair of IGAD; Muslims. We demand that our Da'awah Group, Rashid Hashim
Age structure:
0-14 years: 44.5% (male 1,918,209/female with Somalia, has now, as in 1) To urgently urge Ethiopia government stop foreign Vice-chairman:MEDA, Abdillahi
1,905,974) the past, sent troops into to withdraw its troops from troops from using our country Abdi Chairman-National Muslim
15-64 years: 52.9% (male 2,278,406/female Somalia. We are also aware Somalia, since the invasion is for their imperialistic goals. Leaders Forum, Majmaul
2,263,602) and saddened that the an act which is a breach of We are not prepared to see Ahbaib Aidarus Sharrif.
65 years and over: 2.6% (male 96,256/female Ethiopia government has for- international sovereignty our hard earned taxes being
129,182) (2005 est.) mally declared war on 2) Recognise the contribution used to facilitate a war
Median age:
total: 17.59 years Somalia. Already, Ethiopian of UIC in the stabilization of against the people of
male: 17.53 years troops are in Somalia Somalia as a major player and Somalia, endanger our securi-
female: 17.65 years (2005 est.)
Population growth rate: 3.38% (2005 est.)
Birth rate: 45.62 births/1,000 population (2005 est.)
Death rate: 16.97 deaths/1,000 population (2005
est.)
Net migration rate: 5.19 migrant(s)/1,000 popula-
tion (2005 est.)
In Somalia, a reckless U.S. proxy war
Sex ratio: SALIM LONE could destabilize the whole region even about this stability. Astonishingly, the
at birth: 1.03 male(s)/female if America succeeds in its goal of top- Islamists had succeeded in defeating the
under 15 years: 1.01 male(s)/female Undeterred by the horrors and setbacks pling the Islamic Courts. warlords primarily through rallying peo-
15-64 years: 1.01 male(s)/female in Iraq, Afghanistan and Lebanon, the An insurgency by Somalis, millions of ple to their side by creating law and
65 years and over: 0.74 male(s)/female Bush administration has opened another whom live in Kenya and Ethiopia, will order through the application of Shariah
total population: 1 male(s)/female (2005 est.) battlefront in the Muslim world. With surely ensue, and attract thousands of law, which Somalis universally practice.
Infant mortality rate:
total: 116.7 deaths/1,000 live births full U.S. backing and military training, new anti-U.S. militants and terrorists. The transitional government, on the
male: 126.06 deaths/1,000 live births at least 15,000 Ethiopian troops have With so much of the world convulsed by other hand, is dominated by the warlords
female: 107.06 deaths/1,000 live births (2005 est.) entered Somalia in an illegal war of crisis, little attention has been paid to and terrorists who drove out American
Life expectancy at birth: aggression against the Union of Islamic this unfolding disaster in the Horn. The forces in 1993. Organized in Kenya by
total population: 48.09 years Courts, which controls almost the entire UN Security Council, however, did take U.S. regional allies, it is so completely
male: 46.36 years south of the country. up the issue, and in another craven act devoid of internal support that it has
female: 49.87 years (2005 est.)
Total fertility rate: 6.84 children born/woman As with Iraq in 2003, the United States which will further cement its reputation turned to Somalia's arch- enemy,
(2005 est.) has cast this as a war to curtail terror- as an anti-Muslim body, bowed to Ethiopia, for assistance.
HIV/AIDS - ism, but its real goal is to obtain a direct American and British pressure to author- If this war continues, it will affect the
adult prevalence rate: 1% (2001 est.) foothold in a highly strategic region by ize a regional peacekeeping force to whole region, do serious harm to U.S.
people living with HIV/AIDS: 43,000 (2001 est.) establishing a client regime there. The enter Somalia to protect the transitional interests and threaten Kenya, the only
deaths: N/A Horn of Africa is newly oil-rich, and lies government, which is fighting the island of stability in this corner of
Major infectious diseases:
Degree of risk: very high food or waterborne dis- just miles from Saudi Arabia, overlook- Islamic Courts. Africa.
eases: bacterial and protozoal diarrhea, hepatitis A ing the daily passage of large numbers The new UN resolution states that the Ethiopia is at even greater risk, as a dic-
and E, and typhoid fever vectorborne diseases: malar- of oil tankers and warships through the world body acted to "restore peace and tatorship with little popular support and
ia and dengue fever are high risks in some locations Red Sea. General John Abizaid, the cur- stability." But as all major international beset also by two large internal revolts,
water contact disease: schistosomiasis rent U.S. military chief of the Iraq war, news organizations have reported, this by the Ogadenis and Oromos. It is also
animal contact disease: rabies (2004) was in Ethiopia this month, and year Somalia finally experienced its first mired in a conflict with Eritrea, which
Nationality:
noun: Somali(s) President Hu Jintao of China visited respite from 16 years of utter lawless- has denied it secure access to seaports.
adjective: Somali Kenya, Sudan and Ethiopia earlier this ness and terror at the hands of the The best antidote to terrorism in Somalia
Ethnic groups: Somali 85%, Bantu and other non- year to pursue oil and trade agreements. marauding warlords who drove out UN is stability, which the Islamic Courts
Somali 15% (including Arabs 30,000) The U.S. instigation of war between peacekeepers in 1993, when 18 have provided. The Islamists have
Religions: Sunni Muslim Ethiopia and Somalia, two of world's American soldiers were killed. strong public support, which has grown
Languages: Somali (official), Arabic, Italian, English poorest countries already struggling Since 1993, there had been no Security in the face of U.S. and Ethiopian inter-
Literacy: Definition: age 15 and over can read and
write with massive humanitarian disasters, is Council interest in sending peacekeepers ventions. As in other Muslim-Western
total population: 37.8% reckless in the extreme. Unlike in the to Somalia, but as peace and order took conflicts, the world needs to engage
male: 49.7% run-up to Iraq, independent experts, hold, a multilateral force was suddenly with the Islamists to secure peace.
female: 25.8% (2001 est.) including from the European Union, deemed necessary - because it was the
were united in warning that this war Islamic Courts Union that had brought
8 January 2007 - Muharram 1428
Darul Islam High School makes final Al-Azhar Primary School welcomes
payment to secure school the new year with its neighbours
Al-Azhar Primary School celebrated its 10th toes and yello w rice was generously donated
January 27,2007 - The Darul Islam High School situated in Surry Estate opened its of Muharram with eighty of its older neigh- by the principal and staff of Al-Azhar
doors in 1995 to provide an Islamic haven for Muslim youth in search of secular and bours from Lotus River. ‘All the elderly per- Primary. Mr Petersen stressed that ‘this is
Islamic knowledge. Ten years later with the commitment of parents, staff, school sons from our community are invited to enjoy celebration is from the heart and not a cent of
committee and local businesses the school paid their last instalment to the Malay a fun-filled afternoon with us,’ said the prin- school monies are used ‘ A Lotus River resi-
Choir Board. cipal, Mr Petersen. The afternoon with it dent, Wagheeda Cornelia, exclaimed ‘that
PICTURES: M Yusuf Karriem
spectacular decorations and delicious three you feel like you belong to a family, here at
course meal of denningvleis, roti, mutton Al-Azhar.’
curry, grilled chicken, frikkadels, mash pota-
PICTURES: Sanaa Petersen