Does a mobile phone message sent by the husband to his wife nine years ago with the words "You are divorced," which the husband does not recall sending but the wife remembers, count as a third divorce after two explicit divorces?
If a husband and wife disagree on whether a divorce has occurred, and there is no clear evidence, then the husband's statement is outwardly accepted. However, if the husband believes his wife, he must act according to her report. Writing an explicit divorce in mobile messages without uttering it aloud is considered an implicit (kinayah) divorce that requires intention. The preponderant opinion is that divorce does not occur through it unless this pronouncement is mentioned or the intention behind this message is known, because the condition for divorce by writing to occur is the husband's intention, and this condition is questionable. One builds upon the certainty of marriage when there is doubt about divorce or its condition.
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- Original fatwa ID
- 171891
- Imported
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