Fatwa ID: 01889

Answered by Mufti Mohammed Tosir Miah

Question:

My husband of five years divorced me over one year ago both verbally and by sms after having left me. During our marriage he had on a number of occasions verbally given me talaq, mainly whilst he was angry but took me back each time. As such a long time has now elapsed would this be considered to be divorce?

Answer:

As I mentioned in an earlier fatwa which can be found on the Darul Ifta Birmingham website that Talaqs given via email or text messages are valid as long as it was attributed or directed to the wife.

Regarding your question, the moment your husband gave you the talaq one year ago you started your iddah (See Aapke Masaail p.414 v.5). Now if your husband did not revoke the talaqs he gave, then after the passing of three menstruation cycles for a menstruating woman and three months for a non-menstruating woman, your marriage with him will be broken and you will be free to marry someone else if you wish to do so. A woman still has to observe the iddah when the husband gives a talaq even though they may be living apart from each other.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham