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Divorce via Text Message, Email or WhatsApp

Divorce via Text Message, Email or WhatsApp

Divorce via SMS, WhatsApp

It is not necessary for an Islamic divorce to be verbally declared to be valid. It is also not necessary to issue the divorce verbally. The divorce will therefore be formalized in a clear and unambiguous manner.

It is also important to remember that the written words in Talaq are not always taken at face value. In some cases, a divorce decree issued in clear and unambiguous writing will constitute a legal divorce while in other cases, it will not.

Divorce through SMS

As per the PLD 2015 Lahore 231:

As stated in article 73 of Qanun-e-Shahadat, the information conveyed through modern devices such as SMS is a method of communication validly accepted all over the world, but it is always important to prove a fact through the presence of the witness. In spite of the fact that modern devices are legally admissible under article 73 of Qanoon e Shahadat 1984, the required procedure must be followed in order to prove a claim.

  • A talaq will occur if he made an intention to divorce or write a statement about divorce to his wife, even if it is not directed to her. For example, if he typed the word ‘divorce’ or ‘Talaq’ in writing, but it was not directed to her.

 

  • In places where the writing is clear and it is addressed to or referred to his wife, he will say ‘O Zainab! I give you a divorce,’ then divorce and talaq will happen regardless of whether he intends it or not.
  • As soon as a husband writes on an email, “Talaq”, and sends it to the wife, it becomes a formal letter, which leads to divorce.
  • Upon sending the message by email, the letter became Marsumah, i.e. addressed to the woman, so talaq was conducted regardless of whether it was intended. The husband’s intention will have to be determined if he had not sent the Talaq but had typed it thrice.
  • Finally, divorces sent in text messages have the same impact as those sent in emails. When the husband texts divorce or talaq to his wife via his mobile phone, it has become Marsumah, i.e. addressed to his wife, thus talaq will occur without the husband intending to do so. It will depend on the husband’s intention if he hadn’t sent the message, just texted ‘Talaq’.