Decree of Divorce through Modern Means

Abstract

The topic of divorce via modern communication methods has garnered significant attention from contemporary jurists. This refers to the dissolution of marriage through a phone call, an email, a text message, or other modern means. Such divorces have become common in today's society, raising questions about their validity. This article aims to explore whether divorce can be effectively executed through these modern communication channels, relying on credible evidence. The study adopts an analytical approach, examining the legal rulings regarding this matter in juristic literature and the opinions of scholars, particularly contemporary ones. The research concludes with several key findings. 1- There is a disagreement among jurists regarding the necessity of witness testimony and documentation in divorce. The majority hold that it is not obligatory, although it is recommended, while some believe it is mandatory. The prevailing view supports the majority due to the strength of their evidence. 2- Jurists differ on the validity of divorce through these means, categorizing opinions into three main perspectives (a) Divorce is valid unconditionally, (b) Divorce through these methods is prohibited and (c) and Divorce through modern means is permissible under certain conditions, particularly when necessary. Upon examining the evidence for these perspectives, it appears that the third opinion is the most credible.