Will it be valid to give talaq via a Mobile phone?
Assalāmu `alaikum Warahmatullāhi Wabrakatuh,
Talāq (divorce) via a mobile phone could be through a sms, bbm or through a phone call. In either case the divorce will be valid.
However, it should be confirmed that it was the husband who called or sent the message.
If the husband confirms that he called or texted then the divorce would be valid.
If the husband did send the message and denied it and lives with his wife, then the ruling would be as follows:
· If the husband issued a revocable divorce (talāq raj`ī) then the marriage would be valid once again.
· If the husband issued an irrevocable divorce (talāq bāin) or he issued three divorces, it will not be permissible to live with her. In this case he will be living in sin.
Jadīd Fiqhi Masāil 1/204
And Allah Ta’āla Knows Best
Mufti Ishaaq E. Moosa
Checked and Approved by,
Mufti Ebrahim Desai.