Question:
If I write this message to my wife on WhatsApp: “It is better for us that divorce happens as soon as possible; the sooner it happens, the better for both of us.”, does this constitute a divorce? Or does the marriage remain intact and no divorce occurs?
Answer:
بِاسْمِ اللہِ سُبْحَانَہٗ وَتَعَالٰی، الَّذِیْ عَلَّمَ الْإِنْسَانَ مَعَالِمَ الدِّیْنِ، وَأَنْعَمَ عَلَیْہِ بِحَقَائِقِ الشَّرِیْعَةِ وَالتَّمْکِیْنِ
The ruling on sending a divorce message via WhatsApp or any written medium depends on whether explicit and clear words of divorce were used in the message or not. The sentence you wrote: “It is better for us that divorce happens as soon as possible; the sooner it happens, the better for both of us.” contains the word “divorce,” but it is not an explicit and direct wording of divorce.
Ruling on Written Divorce
According to Hanafi jurisprudence, if a person gives divorce through writing and uses explicit words (such as “I have divorced you” or “You are divorced” or “You are a divorced woman” or similar words of divorce), then the divorce takes effect, whether there was an intention or not. However, if the writing contains the word “divorce” but does not contain words of divorce that make it clear that he has given divorce, then divorce will not take effect.
Analysis of Your Message
You wrote: “It is better for us that divorce happens as soon as possible.” This sentence is not a command of divorce but rather advice or a wish. It contains the word “divorce,” but it is not “giving divorce”; it is merely a threat. Therefore, divorce will not take effect from this, unless you use words of divorce.
Summary
Your aforementioned message has not resulted in a divorce, and the marriage remains intact. However, if your intention was to give divorce, or if you used different words, then divorce could occur. So if such a situation exists, please clarify so that a response can be given accordingly.
References
- Al-Fatawa al-Hindiyyah, Kitab al-Talaq, Al-Bab al-Sadis fi al-Talaq bil-Kitabah
- Radd al-Muhtar ala al-Durr al-Mukhtar, Kitab al-Talaq, Bab al-Talaq bil-Kitabah
وَاللہُ بِالصَّوَابِ أَعْلَمُ، وَعِلْمُہُ أَصْوَبُ وَأَتَمُّ
