opinions

Evidence of social media divorce

Attorney Youssef Al-Bahr

Is divorce between spouses through social media?

And does the court take its occurrence and rule that it is proven?

Two questions knock on the doors of lawyers and jurists after the widespread use of social media, which has come to control people's lives, and is used as a tool to express feelings and opinions, and even to defame others when problems arise, including marital problems.

The previous two questions have two possible answers, the first is “yes, divorce takes place” and the second is “divorce does not take place.” As for the details of each answer, we will explain it in this article, but first we have to go back to the basis of the law in how it proves the occurrence of divorce.

The Personal Status Law specifies the methods of occurrence and proof of divorce cases, according to Article 99, Clause Two, which states: “Divorce takes place verbally or in writing, and when unable to do so, then by intelligible gesture.”

The text clearly states that divorce is not only verbal, by uttering the word directly from the husband, but also by way of writing.

Here we also mention that the scholar Ibn al-Hajib said, “If he writes a divorce determined to do so, then it takes place definitively,” which explicitly indicates that it is accepted in writing, which means that the divorce took place from the date the message was sent or written.

So, divorce takes place in writing and with conclusive legal and Sharia evidence, but we must stand here accurately and clearly on a very important issue, which is to prove that the owner or writer of the letter is the same person (the husband), and thus confirming to the judiciary that this act emanates from the will and personal decision of the husband, Especially in the event of his denial, repudiation or retraction.

In the event that the divorce occurred via a “WhatsApp” message or phone text messages, the judiciary takes it, but after communicating with the private telecommunications company, and showing that the phone number is registered in the husband’s name, which means that he owns it personally, and controls the messages issued by him, in addition to The condition of having a witness supporting the wife's position, and confirming that the husband was determined and had the intention to divorce.

As for the means of communication such as “Snapchat”, “Facebook”, “Twitter” and “Instagram”, the judiciary does not take into account divorce messages in them, unless it is proven that the account belongs to the relevant husband, because it may be a fabricated account, and the wife must support Her position is with proof witnesses, and in the event that the husband denies, he must pay the court with negative witnesses.

So, married couples should not be taken by the ease of writing the word divorce through the means of communication, because its consequences are dire, and its results destroy families. The judiciary looks at the application of the correct law, which specified the methods of divorce verbally, in writing, or by sign, whether it is through means of communication or through traditional divorce, It's the same.

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