Yes the Talaq and Khula is valid On SMS and Whatsapp, if they complete all the legal requirements. The validity of Talaq (Islamic divorce) and Khula (a form of divorce initiated by the wife) through SMS and WhatsApp is a subject of debate among Islamic scholars and legal experts. Traditional Islamic jurisprudence generally requires specific conditions and procedures for divorce to be valid, including witnesses, pronouncement in person, and the husband’s intention. However, with the advent of modern communication technology, questions have arisen regarding whether divorce pronounced through electronic means such as SMS or WhatsApp adheres to these traditional requirements.
Islamic View:
Some scholars argue that divorce through SMS or WhatsApp can be valid if it meets the essential conditions prescribed by Islamic law, such as clear communication of the divorce intention, understanding by both parties, and adherence to proper procedures. They suggest that in today’s digital age, electronic communication can serve as a valid means of conveying divorce, especially if it ensures clear and unambiguous communication between the spouses.
Scholars Express Reservations about the Validity of Divorce:
On the other hand, many scholars express reservations about the validity of Khula in Pakistan through electronic means, citing concerns about authenticity, verification, and the potential for misuse or misunderstanding. They emphasize the importance of adhering to traditional Islamic practices and procedures for divorce, which may require physical presence, witnesses, and adherence to specific protocols to ensure the validity and legitimacy of the divorce.
Important Question:
Ultimately, the question of whether Talaq and Khula pronounced through SMS and WhatsApp are valid depends on various factors, including the interpretation of Islamic law, local legal regulations, and individual circumstances. In cases where divorce is contemplated through electronic means, it is advisable for individuals to seek guidance from qualified religious scholars or legal experts who can provide informed advice based on Islamic principles and legal requirements.
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