Former syariah judge Syeikh Azmi Ahmad has stressed that the decision to accept pronouncement of talaq (divorce) via SMS was agreed upon by the National Fatwa Council as well as other Muslim scholars.

As such, it is the court's execution of the fatwa that should be under discussion, not the fatwa itself of accepting pronouncement of talaq via SMS, he said in a press statement.

Syeikh Azmi who is also the former chief syariah judge for the Federal Territory however emphasised that even with the council's consent, it should not be abused as divorce is something not to be taken lightly.

"The application for divorce still has to be made in front of a judge, who must also verify that all conditions, such as the presence of witnesses, have been met.

Judge erred

"In the case of Shamsudin Latif-Azida Fazlina Abdul Latif, syariah judge Mohamad Fauzi Ismail had made a mistake," said Syeikh Azmi, himself a former member of the National Fatwa Council.

He said Mohamad Fauzi erred when he ordered the three months ' iddah' (grace period before the legal divorce takes place) to begin from the date of the SMS sent by the husband whereas the execution of divorce should have begun from the date of the court's approval of the divorce.

"That was the mistake in terms of both procedure and syariah principle. ' iddah' can only begin upon approval by the court, not the date of the SMS received."

However, calls for revision of the case by the cabinet or Jakim are improper as well as unconstitutional, said Syeikh Azmi who is also Keadilan vice-president.

"It is only the chief syariah judge of the state of Selangor, or the presiding judge (Mohamad Fauzi), who can order any revision of the case in the Appellate Court."

"Constitutional provisions state that matters of religion are under the jurisdiction of the Rulers and cannot be challenged by the cabinet or any other party."

Cabinet's rejection

Prime Minister Dr Mahathir Mohamad yesterday said the cabinet felt that divorce among Muslim couples should not be done via SMS.

The premier told reporters that the decision was reached during the weekly cabinet meeting.

"The cabinet decided that while it may be correct from other angles, it is not the way to get divorced," he said.

Last Thursday, the Gombak Timur court ruled that it was acceptable to pronounce talaq by SMS, during divorce proceedings to end the 18-month marriage of Shamsudin and Azida.

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.)