Critics have questioned the manner in which Muslim divorce provisions are being applied, in the wake of controversy over a Syariah court's acceptance of pronouncement of talaq via SMS, provided its validity is verified in court.

While those contacted would not comment on the ruling itself, they highlighted the possible consequences of such a practice being implemented more widely.

The Gombak Timur Syariah court's ruling last Thursday has raised questions in Muslim circles, which have debated the merits and demerits of the decision. Women and Family Development Minister Shahrizat Jalil has criticised the ruling as an insult to women.

PRM deputy Youth chief Latheefa Koya was among those who pointed out that a divorce pronouncement made via SMS could lead to exploitation and abuse.

"Any divorce should be conducted in a dignified manner," she said.

'Weak character'

PAS exco member Dr Lo'Lo' Mohd Ghazali said she did not want to comment on the hukm (judgment) and whether or not the court's ruling was correct.

"We are not questioning the judgement of that Syariah court in accepting such a pronouncement. If the religious department has issued the judgement, then it is something that we have to accept," she explained.

However, she said only a man who is dayus (of weak character) would not have the strength to make his divorce pronouncement in person.

"Let the man consider, after having taken the woman as a wife, sharing a life together, a house together, having children together....is it (morally) proper, having then begun to dislike her, to divorce her in such a manner? Doesn't that man have the strength to make the confrontation himself?" she asked.

Lo'Lo said Islam required a wife to be treated well and for divorce proceedings to be conducted in proper manner.

"Don't treat your wife as someone to be taken for granted. We would like the issue to be more seriously and deeply studied," she said.

"Divorce is very serious, and (in Islam) is legally binding whether said in seriousness or not. If abused, (the procedure) could be oppressive to women."

Outlining a possible scenario, she asked: "What if such words (of divorce through SMS) were relayed to a woman as a joke? Or if the message came from someone other than her husband? This is why we say that the issue should be further studied."

'Adhoc implementation'

Taib Azamudden Mohd Taib, the PAS member of Parliament for Baling, echoed her concerns.

A former imam of the national mosque, Taib claimed that "whatever Islam is being implemented in this country is merely a case tampalan ( cut-and-paste) - putting some laws here, putting some laws there."

"Such things as men pronouncing their divorce through SMS can only happen when the spirit of the Quran is itself absent. When the spirit of the Quran is not there and the Syariah is only implemented in bits and pieces, here and there, then you will, of course, face problems."

While Taib called for a full discussion of the issues raised, he also said the current system offers little opportunity for important issues to be deliberated in a majlis syura (consultative session).

"We don't even have that in this country, so how can anything be discussed? When we want to make any clarifications (such as in the media or in Parliament), we face all kinds of restrictions."

The Gombak court's ruling was made during divorce proceedings to end the 18-month marriage of Shamsudin Latif and Azida Fazlina Abdul Latif.

Shamsuddin had reportedly sent his wife a SMS message stating: Kalau engkau tak keluar dari rumah mak bapak engkau, jatuh talak tiga. (If you do not leave your parents' house, you will be divorced.)