divorce through SMS

Suchitra. S (Querist) 26 July 2009 This query is : Resolved
Sir, I want to know whether a muslim husband can send an SMS to his wife which contains 'Talq" , is it a valid divorce?
PL explain what was the opinion of court in Chand-Fiza case?

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A V Vishal (Expert) 26 July 2009
I don't think that the Chand-Fiza case has concluded.

Sarvesh Kumar Sharma Advocate (Expert) 26 July 2009
no,no.never.

G. ARAVINTHAN (Expert) 27 July 2009
How can a SMS be treated as telling TalaQ?

Swami Sadashiva Brahmendra Sar (Expert) 27 July 2009
even from psychological point of view there is great diference between face to face talk and electronic communication like sms/chat/email. degree of seriousness or sence of responsibility in statements may differ in both situations.

sanjeev murthy desai (Expert) 27 July 2009
Dear Suchitra,

15 days before i read the above the case news in news paper and it appears that Muslim can divorce through the SMS it considered as valid divorce. still i am searching that case!!!!

sanjeev desai

Somnath mukherjee (Expert) 27 July 2009
no this type of talaq is not valid in the present situation . presentlythe apex court said that before taklaq both party should try reconcile the dispute and if failed then they can proceed the talaq either by talaq nama or by the other process.

Sarvesh Kumar Sharma Advocate (Expert) 28 July 2009
chand and fiza making joke and playing with feelings.talaq is a word used in rarest of the rare case.shariyat not allow to any one use word talaq easely.

Khaleel Ahmed (Expert) 03 August 2009
Yes, SMS can constitute a valid talaq, provided there should be inquiry with the husband about whether he has send the sms of talaq to his wife or not. If the husband says yes he has send it. The valid talaq happened. If the husband intended to give talaq thrice to his wife through one sms, yes he can send it.His intention was for one talaq , only one talaq happened.
There are three types of talaqs, Ahsan,Hasan, and Talaq bain or bidat.
Mr.Chand Mohammad has pronounced three talaqs to his wife Ms. Fiza , He has acknowledged the same before the media about the pronouncment of Talaq.Now there is no relations of husband and wife between Mr.Chand and MS.Fiza as per islamic Sharia.
If both want to marry once again, the Halala to be performed over Ms.Fiza, that means Ms.fiza should marry another muslim,if that man pronounce talaq to Ms.Fiza , then she should observe idath for 3months 10 days. After she can marry Mr. Chand Mohammad with fresh Meher Dower amont.