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Did your husband intend to divorce you when he sent the SMS?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Assalamualikum, I want to know about the situation, once on sms my husband told me that his parents wants him to get marry, i asked him if he want to marry someone else then first divorce me, he replyed me with sms that i divorce u. I want to know is this divorce valid as i read some where as written divorce without intention doesnt occur i am not sure he wrote that with intention or without intention as he replyed me within few second i am not sure he thought before writing or not. thanks!


(Fatwa: 891/838=L/1429)

There is no need of intention in direct Talaq, it takes place without an intention too. So, if your husband sent you SMS writing: ‘I divorce you’, then the Talaq will occur. Yes, if he wrote ‘I divorce you’ only once and did not give any other Talaq, then you were divorced by Talaq Raj’i (revocable divorce) i.e. your husband can revoke the Talaq within iddah, and after iddah he can do Nikah with you without halalah.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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