Electronic Divorce and its Judicial Applications

Abstract

Electronic divorce refers to the termination of the marriage contract through modern means of communication, such as social media platforms, instant messaging applications, email, and, in some advanced countries, through electronic court platforms. This type of divorce raises legal and jurisprudential issues related to the fulfillment of the pillars and conditions of divorce, particularly verifying the identity of the husband pronouncing the divorce, the seriousness of his intent, and the use of the legally prescribed religious formula, in addition to the evidentiary value of electronic documents as a means of proof before the courts. Legislative and judicial approaches vary: some courts require the husband’s personal presence before the judge or representation through an official power of attorney, while others tend to recognize electronic declarations and messages once their attribution is established and their content does not contravene Islamic Sharia and public order. This necessitates granting electronic messages and correspondence probative force regulated by laws enacted for this purpose, such as e-transactions laws, which in turn requires a re-examination of traditional divorce rules so that they are compatible with the requirements of the digital environment and the guarantees of family justice, and harmonized with electronic developments and contemporary realities.