<![CDATA[This article aims to analyze the validity of talaq via WhatsApp from the perspectives of the four major schools of Islamic jurisprudence (madhhabs)Hanafi, Maliki, Shafi'i, and Hanbali as well as the Compilation of Islamic Law (KHI). The study employs a normative legal research method, utilizing both conceptual and statutory approaches. The findings indicate that, within Islamic jurisprudence, written talaq is treated distinctly from oral talaq. The Hanafi school focuses on the format and purpose of the writing; the Maliki school treats writing as a valid mode of conveying talaq, contingent upon intent and circumstances; the Shafi'i school strongly classifies written talaq as kinayah (an implicit or ambiguous expression) requiring specific intent; and the Hanbali school provides detailed criteria regarding the clarity of the writing while acknowledging differing scholarly narrations concerning the necessity of intent. In the context of WhatsApp, factors such as sender authentication, the intent behind the message, the message content, and verification that the message originated from the husband are crucial. Conversely, under the KHI, divorce proceedings must take place before a Religious Court. Article 117 of the KHI defines talaq as a declaration made by the husband during a Religious Court hearing, and Article 123 stipulates that the divorce becomes effective at the moment it is pronounced before the court. Consequently, a WhatsApp message does not, in itself, constitute a divorce under Indonesian positive law; while such a message may serve as evidence to be evaluated during legal proceedings, the actualization of divorce under state law must adhere to the established Religious Court mechanisms.]]>
