Fatwa ID: 08627

 

 

Answered by: Alimah Aisha Qureshi

 

Question:

 

I would like some clarification. My husband and I have had arguments over the years. In the heated moments when my husband is angry and had enough, he has brought up divorce through text messages 3 times. However, although he uses the word divorce, I am not sure if at least 2 times this is explicit as he says the way he wrote it is not how he intended it. He says he never wanted a divorce. It was always if I am not happy, I can have one. Apparently, it was always conditional, but he never wrote it properly.

 

The first message he wrote “you can have your divorce. Have your divorce”. He said he meant he gives me permission to go and seek a divorce if I am not happy. The second message was “Wallah I give you divorce. Wallah take it have it. I give you divorce. Wallah I give it to you.” He said he meant he will give me permission (but not at that moment) to go and have a divorce if I want one.

 

The third message was “I give you divorce. U can have your divorce. have your divorce. Ur divorced”. I am aware here he clearly states his intention to divorce. He also said he thought that in order to have a divorce you have to go and talk to someone for it to take place and he had to have meant it/intended it. We did not think any of these times counted until the last message.

 

I am not sure here if this counts or not due to his explanations and if it is indeed explicit or implicit, needing intention or not. Is it 3 talaqs? Also is divorce while on menses valid or invalid and while the wife is in purity but had been intimate with husband, does this invalidate divorce? Do you need 2 witnesses for a divorce to take place or not? And is divorce valid via text.

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

 

Answer:

 

Divorce is a serious and sensitive matter in Islam, it takes effect in anger and in jest, clear explicit words when they are used constitute divorce and on the 3 occasions where your husband text you with divorce.

 

The first text message where it is mentioned that U you can have your divorce. Have your divorce even though the word divorce is used as it is not direct that I divorce you or you are divorced and he has made known his intention that he did not intend divorce can be seen as not being a divorce.

 

The second occasion where he has text you the words “Wallah I give you divorce. Wallah take it have it. I give you divorce. Wallah I give it to you.” Does indicate that he could well be issuing a divorce as he has mentioned wallah for emphasis that I give you divorce. The third incident where he mentions was “I give you divorce. U can have your divorce. have your divorce. you’re divorced” in this incident clear explicit words such as you are divorced have been used, therefore, after taking into consideration the three incidents the second and third divorce have taken place, and 2 divorces have been issued. The issue of divorcing whilst the woman is menstruation then that divorce even though it is disliked it still takes effect. And the case where after having intercourse in the purity period the divorce also takes place.

 

Divorce via text message is valid and there does not need to be 2 witnesses in order to issue a divorce.

 

 

References:

 

واذا طلق الرجل امراته في حال الحيض   : وقع الطلاق ، و يستحب له ان يراجعها .

 

Mukhtasar Al Qudoori Pg 576, Maktaba al-Bushra

 

فا لصريح قوله: انت طالق، و مطلقة، و طلقتك، فهذا يقع به الطلاق الرجعي

 

Mukhtasar Al Qudoori Pg 577, Maktaba al-Bushra

 

 

Only Allah (عز و جل) knows best.

Written by Alimah Aisha Qureshi

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham