FatwaSelangorMarriage & Family
Hukum Cerai Melalui Sms
Is a divorce pronounced through SMS valid?
Short answer
A divorce by SMS is valid and the talak takes effect if the sender is the husband, the recipient is the wife, the message has been read by the recipient, and the husband intended to divorce her.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Selangor State Mufti Department
- Status
- Fatwa committee decision
- Series
- Keputusan Fatwa Tidak Diwartakan
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
A divorce by SMS is valid and the talak takes effect if the sender is the husband, the recipient is the wife, the message has been read by the recipient, and the husband intended to divorce her. If these conditions are not met, the divorce is invalid and the matter is determined by the Syariah Court. It is treated like divorce by indirect wording, including letters, fax, telephone and e-mail, all of which are talak kinayah. The fatwa also states that this method is impolite and discourteous and lowers the dignity of women.
Written in our own words from the original fatwa — check the source before acting on it.
Hukum penceraian melalui SMS adalah sah dan jatuh talaknya sekiranya ia memenuhi syarat-syarat berikut:
Read the full fatwa on the Selangor website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Selangor State Mufti Department. “Hukum Cerai Melalui Sms”, date not stated. https://www.muftiselangor.gov.my/2023/10/25/hukum-cerai-melalui-sms/. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/ruling-on-divorce-through-sms/