FatwaNegeri SembilanMarriage & Family
HUKUM PENCERAIAN MELALUI SISTEM PESANAN RINGKAS (SMS)
Is a divorce pronounced by SMS or other messaging apps valid?
Short answer
A clear written divorce from a husband addressed specifically to his wife, such as by SMS, email or WhatsApp, is treated as an implied (kinayah) divorce and is valid if accompanied by intention.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Negeri Sembilan Mufti Department
- Status
- Fatwa committee decision
- Series
- Fatwa Negeri Sembilan
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
A clear written divorce from a husband addressed specifically to his wife, such as by SMS, email or WhatsApp, is treated as an implied (kinayah) divorce and is valid if accompanied by intention. All divorces must be brought before the Syariah court for confirmation so that the divorce is established. The fatwa also states that divorce through modern communication devices does not conform to the etiquette of divorce laid down by Islamic law.
Written in our own words from the original fatwa — check the source before acting on it.
Semua penceraian hendaklah dikemukakan kepada mahkamah Syariah untuk tujuan pengesahan bagi mensabitkan talak tersebut.
Read the full fatwa on the Negeri Sembilan website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Negeri Sembilan Mufti Department. “HUKUM PENCERAIAN MELALUI SISTEM PESANAN RINGKAS (SMS)”, date not stated. https://muftins.gov.my/fatwa/hukum-penceraian-melalui-sistem-pesanan-ringkas-sms/. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/ruling-on-divorce-by-sms/