Text message divorce

Fatwa ID: 02092

Answered by Eunus Ali

Question:

My husband sent me a text of three divorce while I was 6 months pregnant.  Now what is the law according to it .Please guide me .I m disturb mentally.

Answer:

Bismillah

When a divorce is issued by the husband via a text message or email it will be valid, even more so when the message is explicit, as in such situations the intention behind the message will not be taken into consideration. (Marriage-A complete Solution, Page 77, JKN Publications &RaddulMuhtar, Volume 4, Page 456, DarulKutubulIlmiyyah)

As the divorce is valid it will be necessary to observe the waiting period (iddah). The waiting period (iddah) for a pregnant will with the birth of the child. Thereafter, it will be permissible to marry elsewhere. (FatawaHindiyyah, Volume 1, Page 554, DarulKutubulIlmiyyah)

When a husband issues 3 divorces, it will not be permissible for the couple to re-marry 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 the waiting period would the wife be allowed to re-marry the first husband. This process is termed halalah. (AhsanulFatawa p.129 v.5&Marriage a complete solution by Mufti Saiful Islam, Page 78-79, JKN Publications)

Only Allah Knows Best

Written by Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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