Divorce by email
Question:
As-salaam wa-alaikum,
I have read many articles related to Divorce via email which appear to be valid.
If a husband sends an email to his wife where he indicates he is divorcing her, written 3 times, and it was his intent when writing and sending it that he was divorcing her, is that a valid divorce?
Does that count as 3 talaqs since he wrote it 3 times with the specific intent of ending the marriage totally?
Jazak Allah Khair
Answer:
Wa Alaikum As Salaam,
Due to the fact that doubts can come about with regards to an email, the husband must be asked whether he wrote the email or not. If he confirms that he has sent such an email, then a valid divorce will take place. With respect to ‘being written 3 times’, here again there, can be doubts regarding the word being written 3 times. If he has written words like ‘ I have divorced you 3 times’ or I have divorced you, I have divorced you, I have divorced you’ these will clearly indicate to the fact that 3 divorces have occurred. If it has no been written like that, and it is written in a manner like- divorce, divorce, divorce, then due to the fact that this came via an email, the husband will be questioned regarding what did he mean by this. If he had a clear intention of ending the marriage totally, or giving 3 divorces, then 3 divorces will occur.
And Allah knows best,
Mufti Waseem Khan.