If his intention is for talaq, then the talaq is valid and if not, then they are not considered as divorced | Talaq through modern communications is a method for talaq that contradicts the manners of talaq set by syarak |
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The reason is, sms is considered as news that may or may not be true | For sarih talaq, there are three words when enunciated then the talaq is valid, which are divorce, separate and letting go |
Ketiga hukum ini kedudukannya sangat agung dalam syariat.
19The intention to validate talaq, for there is no possibility that it is not talaq | There are no exceptions in syarak regarding this in normal times, when fighting or when one is just joking |
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Hence, in answering the above question, we would state that if a husband sends it without the intention to divorce his wife, then the talaq is void.
22However, the Federal Territories Syariah Court asked couples to file the application for the finalization of divorce cases involving talaq through simple messages in Syariah courts near their place of residence if it happens | This is in accordance with a hadith from the Prophet PBUH:• This is in accordance with the decision by 59 th National Council on Islamic Religious Affairs Committee; talaq in written words and send specifically to his wife through fax, SMS, email and others is considered as kinayah vague talaq and it is valid if it is his intention to divorce his wife |
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Before we answer this question, we would like to first explain the meaning of talak | Oleh karena itu, tidak boleh bermain-main dan bercanda dengannya |