Is a Talaq Via SMS Valid???

On Sun, Jul 7, 2013 at 11:22 PM, Iqbal Shaikh <shaikh.iqbal9999@yahoo.com> wrote:

 

Is a talaq via SMS valid?
Posted on March 30, 2012 by Mufti Faraz al-Mahmudi
Question:
Asalaamu alaykum respected Shaykh,
Me and my wife had an argument after which I stormed out of the house. In anger I sent a text message saying, "I divorce you." Will it be counted because I was not in front of her? Instead it was by SMS.
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu 'alaykum wa-rahmatullāhi wa-barakātuh.
In principle, being in the presence of one's spouse is not a pre-requisite for the issuing of talāq.[1] One talāq has materialised by this performance. If you wish to take your wife back, simply tell her you are taking her back and live with her like a loving husband.[2]
A husband must wrestle down and overcome his emotions. One fit of rage can destabilise a whole family. Divorce is in the forefront for producing delinquent displaced children. Always think before doing anything. Do not let your emotions govern your decisions.
Anger is a natural trait in a human. It must be reserved, channelled and expressed in the right times at the right places in the right quantity. One's wife is not a dartboard of one's anger. If you ever feel angry then walk away and cool down. Drink a cold drink. Perform wudhū' and perform salāh. After calming down approach your spouse and discuss things with a desire to reconcile. Look at both sides of the story.
Every marriage has its ups and downs. Learn to weather the storm. Diplomatically resolve all trivial issues. Rise beyond and above your emotions. Make a home; don't break a home.
And Allah Ta'āla Knows Best
Mawlana Faraz ibn Adam, www.darulfiqh.com
- See more at: http://darulfiqh.com/is-a-talaq-via-sms-valid/#sthash.4SU1Xcqx.dpuf

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