Is it considered a divorce if a husband sends an email to his wife—who resides in another country—stating, "I have divorced her"?
Scholars have differed regarding the word "al-sarah" (release/setting free) as to whether it is an explicit pronouncement of divorce or a metaphorical one. The preponderant opinion is that it is metaphorical. The difference between an explicit and a metaphorical pronouncement is that an explicit pronouncement effects divorce even without intention upon utterance, whereas a metaphorical one does not effect divorce unless accompanied by intention.
However, when writing without utterance, intention is necessary, whether for an explicit or a metaphorical pronouncement. This is the correct view. So, if the husband writes the word "al-sarah" or similar words to his wife, the occurrence of divorce depends on his intention. If he intended divorce, it occurs; otherwise, it does not.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/79900
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 79900
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy