🚪 Divorce, ʿiddah & rujuk · #2

Is talaq by SMS or WhatsApp valid?

Talaq by written message can be valid if it is clear and accompanied by intention, but it must be confirmed by the Syariah Court.
In the Shafi'i school, a written talaq counts as kinayah (allusive), so it takes effect only if the husband intended divorce when writing it. The National Fatwa Committee Muzakarah (2003) decided that talaq by SMS is valid if its wording is clear and can be proven, and that it must be confirmed in court.
A wife who receives such a message need not guess for herself: keep the evidence (screenshots, date, number) and apply for confirmation of the divorce pronouncement. The court will summon the husband to confirm his intention and make sure the message really came from him. See talaq & divorce.

Differences between the schools. Some Hanafi and Hanbali scholars regard clear, formal writing as explicit (sarih); the Shafi'i school requires intention.

Sources

National Fatwa Committee Muzakarah (2003)State enactments (confirmation of divorce outside court)

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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