الطلاق الإلكتروني في الشريعة والقانون

الملخص EN

In the last century and the beginning of this century, the world witnessed a tremendous industrial development and a great technological boom in all fields that it had not seen before in previous ages.

in the field of communications, the telephone, fax and telex were invented, then the internet and the mobile phone, and people became indispensable to modern means of communication.

because it brought the distances between them closer, and because of its ease of carrying and low prices, it entered everywhere, whether in the workplace, housing, car, and even in the pocket, and talking with others or exchanging messages with them by these means became one of the easiest and most usual things in daily life, and man has benefited from these means meet all his needs, and the matter goes beyond dissolving the marriage contract by inflicting divorce by phone call, by phone message, or by E-mail.

this method of divorce was not known and could not be imagined in the era of the former Muslim jurists and until recently in the early part of the last century, that the marital bonds are broken and the heavy covenant is dissolved by a small technological machine and from a great distance, and since divorce is a serious issue, the Islamic sharia has organized the provisions divorce, and Muslim jurists have spared no effort in diligently examining the detailed issues of it, and this is a means of emergency divorce, which is known as (electronic divorce), whose cases have increased in most Islamic societies in general and arabs in particular in the recent period, including Iraq, after the great openness to the world using modern means of communication after the events of 2003, i thought that this type of divorce should be discussed to find out the extent of its legitimacy and legality after it has become a reality that is increasing day by day, by using these modern electronic means, whether audio, written or visual, to end the marital relationship.

the topic of this research is an important and new topic that should be addressed, and I do not exaggerate if I say that it is a legal duty to know the legal ruling on divorce by modern means of communication.