Is a divorce given by message considered valid?

The majority of scholars agree that whether the person issuing the divorce can speak or is mute, a written divorce is considered equivalent to a spoken one. However, whether intention is required for a written divorce is a matter of scholarly debate [1].

In the Hanafi school, if the word of divorce is clearly written on something like a piece of paper, it is treated as an explicit pronouncement of divorce. After that, the claim of "I did not intend to divorce" is not accepted. But if the written word is unclear, for example, written in water or air, it is considered a kinayah (allusive expression of divorce). In that case, if the person says they intended divorce, their statement is accepted [2].

Ibnu Abidin said: "If the written word of divorce is clear, but it is not known to whom it is directed, then if the person intends divorce, it takes effect; if not, it does not. But if it is clear—meaning the wife's name, address, and details leaving no doubt that it is directed at the wife—then divorce takes effect whether or not the person intended it" [3].

Therefore, if a husband informs his wife of divorce via phone, email, SMS, voicemail, etc., such a divorce is considered valid.

Department of Sharia and Fatwa, Spiritual Administration of Muslims of Kazakhstan

• "Majallat al-Ahkam al-Adliyya", 27.

• Al-Azhar University, Faculty of Sharia and Law, "al-Ahwal al-Shakhsiyyah fi al-Shari'ah al-Islamiyyah", 160.

• "Radd al-Muhtar", 2/589.