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🚪 Perceraian, idah & 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.

Sumber

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

Does talaq by phone call or video call take effect?Yes; clear words of talaq by phone or video call take effect just like words spoken face to face, because the husband's voice is h…The husband pronounced triple talaq at once — does it count as three or one?This is a disputed issue: the majority of the four schools hold it counts as three, while Ibn Taymiyyah and some fatwa councils hold…What is the difference between a sunni talaq and a bid'i talaq?A sunni talaq is one given while the wife is pure and has not had intercourse in that period of purity; a bid'i talaq is one given during men…The husband is unsure whether he has pronounced talaq twice or three times. What then?When in doubt about the number of talaqs, the fiqh rule is to hold to the number that is certain, that is, the smaller. The rule…Is the ʿiddah after khulʿ or fasakh the same as after talaq?Yes, in the Shafi'i school the ʿiddah after khulʿ and fasakh is the same as the ʿiddah of talaq: three quru' (cycles), three months, or until gi…The husband was forced or threatened to pronounce talaq — does it take effect?The talaq of a husband truly forced by a serious threat does not take effect according to the majority of scholars. Recognised coercion is…
Jawapan ini rujukan umum, bukan fatwa. Untuk keadaan anda, rujuk pejabat agama, peguam syarie atau Mahkamah Syariah negeri.

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