A Wife Given Choice Of Talaaq Telephonically Or Via A Message

· 29 Rabiʻ I 1444 AH1 min readEnglish
Marriage And DivorceTalaaq (Divorce)

Question

I would like to know if a person gave his wife a choice of talaaq via text messaging/email/whatsapp then for how long will she have to decide?

How will the majlis be counted/calculated?

If a person gives his wife choice of Talaaq telephonically then then for how long will she have to decide?

How will the majlis be counted/calculated?

If she cuts the call will her choice terminate or will it remain?

Answer

The Fuqaha have written that if a husband affords his wife the choice of divorcing herself then such a choice remains as long as she is in the Majlis (wherein she was afforded such a choice) or until she engages in some form of activity. This in simple terms boils down to the choice being confined to the Majlis, if she gets up from her place of seating or engages in some other activity, her choice (to divorce herself) will no longer remain.

Based on the above mentioned principle, if the husband afforded the wife with such a choice telephonically then the choice will remain as long as she remains sitting in the area where she had engaged in conversation with him, or in the case of an e-mail, whatsapp, or text message, the choice remains as long as she remains seated in the area where she had read the message (irrespective of whether she had cut the call or not). The moment she moves away from her place of sitting or engages in another activity, she no longer reserves the right to divorce herself based on the choice afforded to her by the husband.

References (Arabic / Urdu sources)

مجلسها وان تطاول يوما اواكثر ما لم تقم منه او تاخذ فى عمل أخر

(قدوري ص ١١ ٩ حاشية ٩)

Approved by
Mufti Muhammed Saeed Motara Saheb D.B.
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