Fatwa ID: 06785
Answered by: Maulana Mohammed Shahbaz Aslam
Question:
Is a divorce valid if a husband says the word ‘divorce’ directed to his wife within a text message?
For example, My husband and I have not been on good terms for a long time. He has given me ‘talaq’ on two separate occasions previously and mentioned ‘divorce and done now’ in a text message directed to me.
To give a bit of background, I married my husband without permission or knowledge of either of our parents. I have been in this marriage for 18 months and have a son.
My husband has to my knowledge always been under the influence and taken his anger out on me verbally on multiple occasions which has indeed led to heated arguments.
29th April 2022 I received my first talaq at 12.55 pm over the phone. This was less than a month into our marriage. We reconciled shortly after, glory be to Allah swt.
On 9th Nov 2022 at 8.32 pm I received my 2nd ‘talaq’ over the phone. With the grace of Allah swt we reconciled before the iddah period ended.
In between these divorces, my husband has left our marital home on multiple occasions at times it has been days, weeks and even months apart with no contact.
Since marriage, I have continuously been subjected to insults, foul language, accusations, and degrading and belittling comments by my husband. I have to the best of my ability been a good and faithful wife. My goal has always been to please and respect my husband. The trauma of the 2 divorces and the complete lack of understanding from my husband had led to the distance being created.
We amicably parted ways while discussing access to our son on Saturday 2nd September 2023 and came to the conclusion that neither of us would be giving the other a divorce on Wednesday 6th September 2023.
While I made myself clear on the matter that I will not divorce my husband he has forcibly tried to make me. Due to my refusal, he threatened to give me a divorce very soon. Therefore, I argue the intention was there. He has also accused me of adultery.
Astagfirullah this is completely false and during the verbal attacks and accusations he stated these words via a text message to me:
“…why am I even bothering don’t worry divorce and done now your right why can’t I”
To my knowledge and understanding, these words have been said in the present tense directed to me, his wife, and as such he has given me a ‘talaq’ which is the 3rd and final talaq.
My husband challenges this and argues his intention. He says I have taken these words out of context and that is not what he means, although he broke it down in his own words.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
The issue of divorce as mentioned here clearly 2 divorces were made using explicit statements, which resulted in revocable divorces and you reconciled. The statements can be made either verbally or in written form.
The issue of the third divorce, from the apparent of the text that you have shared, he has directed to you a statement using the words ‘divorce and done’. When the words are explicit then there is no consideration of intention.1,2
You can find further details from our teacher Mufti Eunus Ali (please see footnote).3
Only Allah (عز و جل) knows best.
Written by Maulana Mohammed Shahbaz Aslam
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
- Al-lubab fee sharh il-kitab, Imam Abdul Ghanee al-ghaneemy, page 347
(والطلاق على ضربين: صريح، وكناية، فالصريح) مالم يستعمل إلا فيه وهو (قوله: أنت طالق، ومطلقة) بتشديد اللام (وقد طلقتك، فهذا) المذكور (يقع به بالطلاق الرجعي) لأن هذه الألفاظ تستعمل في الطلاق، ولا تستعمل في غيره فكان
ولا يقع به إلا واحدةٌ وإن نوى أكثر من ذلك، ولا يفتقر إلى النية
- Al-muheeT al-burhaany, Burhan ud-deen Mahmood bin Ahmad, volume 3 page 274
[الفصل السادس: في إيقاع الطلاق بالكتابات]
يجب أن يعلم بأن الكتابة نوعان: مرسومة وغير مرسومة.
فالمرسومة: أن تكتب على صحيفة مصدراً ومعنوناً وإنها على وجهين:
الأول: أن تكتب هذا كتاب فلان بن فلان إلى فلانة أما بعد: فأنت طالق. وفي هذا الوجه يقع الطلاق عليها في الحال.
وإن قال: لم أعنِ به الطلاق لم يصدق في الحكم، وهذا لأن الكتابة المرسومة بمنزلة المقال.
- http://daruliftabirmingham.co.uk/written-divorce-2/
