The legal status of divorce via SMS among Muslims in Malaysia and other countries / Syalia Ain Zainuddin and Sharifah Nurul Aini Sayed Abdollah

In our opinion, there is no research had been done to analysis the validity of the divorce by text message among Muslim community or society in Malaysia and other countries for instance Singapore, Indonesia, India and The United Arab Emirates. Even though in Malaysia, the fatwa had recognised this kind of divorce as a valid means of divorce, but we believed that there will be a lot of problem arises later. Therefore we want to compare the situation of SMS divorce in terms of law, punishment and effect in Malaysia and with other countries. Particularly, the aim of this research is to propose to the court to legislate a proper procedure for the husband to pronounce talaq via SMS thus the most debatable issue of doubtful and sincerity would not take place. It is also importance for the judges to have a new guiding principle in order to decide on the issue of the legality of the divorce pronounce outside the court.