Divorce via text

Fatwa ID: 02262

Answered by Molana Muhammad Adnan

Question:

Can u plz provide a guideline about the divorce given on text messages and on whatsapp etc. Here happened with me in my pregnancy. As i am already 7 months pregnant and my husband texted me divorce 3 times on whatsapp. Could u plz guide. Because i know after few days he will ask me to come back for pregnant woman cannot be divorced.

Answer:

Bismillah

The written divorce is divided into two categories:  

     1. Marsumah: is where the letter is addressed to his wife.

  1. GhairMarsumah: is where the letter is not written to his wife.

Then Marsuma and GhairMarsumahhave both been further divided into two types:

  1. Clear and explicit writing: the example of this is the writing that is done on a piece of paper, wall or ground in a manner which is understandable.
  2. Unclear and implicit writing: the examples of unclear writing will be to write on the air, on water or on something in a way that is not understandable or legible.

As for the first type whereby the writing is clear and it is directed or referred to his wife for example he says ‘I have given you a divorce,’ then a divorce will occur irrespective of the husband making an intention or not of the divorce.

When the writing is unclear or eligible, divorce will not occur irrespective of it being Marsumah orGhairMarsumah. In this category the intention will not be taken into consideration.

Finally when the writing is clear but it is not directed or written to his wife for example he typed the word ‘divorce’ or ‘Talaq’ then talaq will occur if he made an intention of it, otherwise no divorce will occur.[ FatawaHindiyyah, Volume 1, Page 414]

With regards to your question, as you have stated that you wrote and signed on a piece of paper three talaqs which was then sent to your wife through a third party, three divorces will occur and your marriage has been terminated.

Hence there is no option of ruju or having relationship as the marriage is no longer valid.

When the husband has issued his wife three explicit divorces, their marriage will terminate immediately and it will notbe permissible for the couple to reconcile the marriage or remarry until the wife marries a second person and consummates the marriage with him; thereafter the second husband either divorces her or dies. Then only after completing her waiting period (from the second husband) the wife is allowed to re-marry the first husband. This process is termed halalah.(Al-Lubab Fi SharhilKitab, Page 457)

Only Allah knows Best

Written by Molana Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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