Will there be a Divorce through text message

Question:

I simply wanted to know if a person text messages to his wife saying that their marriage is over, finished, not coming back ever, does that mean Talaak. Would it end the marriage Islamically? If a person didn’t at the time have any intention of finishing Talaak their marriages. Just could not see any solution so left with the above texts.

Answer:

In the Name of Allāh, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-raḥmatullāhi wa-barakātuh.

In principle, Talaak (Divorce) issued with ambiguous words with the intention of Talaak, such as “You are free from me, sit in Iddah, your matter is in your hands” constitutes Talaak – e – Ba’in (irrevocable divorce).[1]

1. The statement “Our marriage is over, finished, not coming back ever” constitutes “Talak e-Ba’in” which refers to an irrevocable divorce, the implication thereof being that the marriage terminates at the point when the Talak was issued.[2] Talaaq-e-Ba’in will only take place if it was issued with the intention of divorce.

2. The Talaaq (divorce) issued via an electronic medium in the above mentioned scenario is valid if it is issued and sent from the husband and the husband intended to divorce his wife by the issuance of such statements. If the husband did not intend divorce by the issuance of such statements, Talaak will not take place.[3]

We would advise you to consult with a competent Mufti or Alim of your locality to analyze your matter further.

And Allah Ta‘ālā Knows Best

Moulana Ismail Desai,
Darul Iftaa Croydon
Durban, South Africa

Checked and Approved by,
Mufti Ebrahim Desai.