Advanced search
Visit
10012
Last Updated: 2006/08/21
Summary of question
Is a divorce done by SMS permissible?
question
Is a divorce which is done by SMS (text message or Short Message Service) valid?
Concise answer

The divorce process, in Islam, beholds a number of prerequisites.

Conditions attributed to the man (who executes the divorce) include:

1.       sanity (ought not be insane)

2.       pubescent (can’t be a child or infant)

3.       executing the divorce, voluntarily, of one’s own free will (neither under coercion nor with reluctance)

 

Conditions attributed to the woman include:

1.       being a permanent wife (not a temporary one [concubine])

2.       being pure (clear) from menstrual or childbirth (nifas) blood; if she is in her menstrual/nifas period, divorce may not be realised

 

Conditions attributed to the divorce’s contract formula include:

1.       reciting the specific canonical formula

2.       reciting the required words; divorces may not be realised via writing or signalling the formula. Exceptions, however, are made for the speech-impaired.

3.       being recited before two male, just witnesses.

 

It is now clear that divorces may not be carried out via telephone calls or SMSs albeit by the husband; divorces require verbal recitations and the presence of two just witnesses. Note, however, that the woman’s presence is not a prerequisite due to the fact that divorces are essentially unilaterally-executed contracts which may only be carried out by the husband or his attorney. Once the divorce is finalised, the former wife may be notified by whatever possible means, including SMSs.

 

Grand Ayatollah Makarim’s Response

It does not suffice.

 

Grand Ayatollah Fazel Lankarani’s Response

No it isn’t; the divorce must be carried out following the standard procedures. However, one may notify the divorce’s execution by employing such means (of communication).

Question translations in other languages
Comments
Number of comments 0
Please enter the value
Example : Yourname@YourDomane.ext
Please enter the value
Please enter the value

Thematic Category

Random questions

  • What is the meaning of self-consciousness according to the Holy Quran?
    17982 Exegesis 2015/04/18
    According to the Quran, self-consciousness means realization of one's own self through nourishing or nurturing and reviving one's own inner and inborn talents and potentialities followed by a profound understanding of the realities of the universe and divine attributes. Self-consciousness has various degrees and it is of ...
  • Is there a problem in paying off one's debt in the evening or after dark?
    7251 Laws and Jurisprudence 2009/03/12
    Continue... ...
  • Will a husband and wife, after leaving this world, live together in paradise?
    14652 Traditional 2009/10/22
    The specific conditions and details of how we will live in the next world are not completely known to anyone except the infallibles (masoomeen). With this in mind the relationship between a husband and a wife is something that is related to this world and pious women are ...
  • What is the meaning of mutawatir and ma'roof traditions?
    10523 Contextual study 2014/10/01
    For information about the meaning of mutawatir traditions and its various types, see index "the criterion for verbal, spiritual and ambiguous mutawatir traditions", question 2412. Ma'ruf Hadith Different definitions have been presented for Ma'ruf tradition: 1. A ma'ruf tradition is one whose text and it is content ...
  • How can I repent from an illegitimate sexual relationship I had with one whom I planned to marry?
    9030 Laws and Jurisprudence 2010/11/22
    Zina or fornication (in Islamic terms, which is the subject of certain Islamic laws) means for a man’s penis to enter the vagina or anus of a woman until the glans is completely enveloped without the two being married or at least ‘similar to married’ (“similar to married” ...
  • Is it permissible to eat chips containing porcine enzymes?
    8238 Laws and Jurisprudence 2012/01/19
    The grand maraji’ responded to this inquiry like this:The office of the grand Ayatullah Khamenei:In the case of the question it isn't permissible.The office of the grand Ayatullah Makarem Shirazi:It isn’t permissible.The office of the grand Ayatullah Safi Golpaygani:If ...
  • Please let me how to get rid of masturbation?
    10527 Practical 2015/01/05
    Sin is like a foul-smelling swamp full of sewage; the more one sinks into it, the less he senses its smell, because he actually loses his sense of smell and can't tell that he is drowning anymore. At the same time, anytime one makes a strong decision ...
  • Is the story of the wedding of Hadrat Qasim in Karbala true or false?
    31431 تاريخ بزرگان 2012/10/01
    One of the concocted stories regarding the epic of Ashura is the story of the marriage of Qasim bin Al-Hasan (as), a story which has no basis and which has not been related by any authentic and reliable sources. In addition, such a thing is not rationally ...
  • Do my feet become najis when I walk on wet pavement that a dog has walked on?
    10868 Laws and Jurisprudence 2008/07/21
    If rainwater or any other water gathers in a ditch and is less than kur (there is a difference of opinion on what amount is exactly kur, and there are different ways of measuring it, according to Imam Khomeini, one way is that if ...
  • What is the Sunni opinion on Bilal al-Habashi?
    14612 تاريخ بزرگان 2008/07/02
    What Sunni references say about the great sahabi, Bilal, is that he was freed by Abu Bakr, a resistant believer against the tortures of the Kuffar, the Prophet's Mu'adhin, and one of the Mujahidin (soldiers) of Islam in different battles alongside the Prophet (pbuh). After the Prophet's demise, he ...

Popular