Message No : 19Sr.No : 550/725
Question By : usmani

1: Is typing on mobile phone similer to write on the paper?

2:What is the validity of divorce via sms and mobile phone?

3: If a person divorces his wife via sms and puts condition that when my wife will receive my text massage she ill be deceived. If she has changed her nomber or she does not receives his text massage is she divorced or not? plz gives me reference from relevant books jazakallah

 

Reply By : Asadullah Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah the most Gracious the most Merciful
The answer to your question is as follows:
Yes, typing on mobile phone has similar effect as writing on the paper has. When it is assured and proved that this SMS with the text divorcing his wife, is from the husband, Talaq would be applicable. And she will become mutallaqah (divorced) with number (1/ 2/ 3) and quality (RajĄŻee/ Baayin/ Mughallaz). The number and quality will be applicable according to the text (1/2/3, RajĄŻee/ Bayyin/Mughallaz) of the SMS.
However, if it is a conditional SMS Talaq, as mentioned in the question, and she did not receive the massage because either there was a technical problem or the mobile with the wife was not ON or the specific SIM card with the wife was permanently changed, then she will not be divorced till receiving the massage. (And Allah Knows the Best)

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