Anger reaching insanity in divorce

CategoriesDivorce [560]

Aasallah Mu Alaikum…Am i divorced if i said to my wife in anger as i was in a mental state while we were arguing 2 times TALAQ in one go in the 1st week of October 2007 and then i got back with my wife straight away..then in the 2nd of February 2008 i said Talaq to her again while we were arguing as i was in a mental state and telling her to go to her mums she provoked by asking/telling me to say it to her as she was upset because i had said it twice before to her.We got back together with each other after 3 weeks but now we don't know if we are married as the Talaq was said twice in one occasion and once in another both were said in anger and Mental state at the time? 

 

In the name of Allah, the most Beneficent, the most Merciful.

 

Answer

 

The jurists have categorised anger into three stages:

 

1. The initial stage of anger where ones mind is sound and fully in control of what one is saying. In such a case talaq will occur without any doubt.
2. Extreme anger to the point of insanity, where one is unaware where he is or what he is saying. In such a case talaq will not occur.
3. Finally that stage which is between the above two stages in that one was extremely angry but not to the point of insanity, and was aware of what one was saying. In this case also, talaq will also occur. (Raddul Muhtar p.452 v. 4)

Normally it can be said that the anger does not reach the level of insanity as mentioned above therefore divorce is valid and will take place.

 

However in circumstances where it is claimed that the anger was such that a person lost his sanity, then in those occasion it is necessary that the person has previous medical history of insanity or has been diagnosed by the doctor of being of unstable mind, or has two male witness or one male and two female witnesses testifying that in fact on that occasion the person had in deed lost his sanity, then the divorce will not take effect. (Ibid)

 

With regards to your situation the fact that you stopped at two indicates that at that stage you were still in control of you’re words and aware of the consequences of it. Therefore, the two talaqs issued in October 2007 will occur unless you can prove medically or through witnesses that you were in a mental state at that time.

 

Finally, the third talaq issued in February will also occur as well. There are two types of force:

 

  1. Muljee: Muljee is a situation where someone threatens a man to divorce his wife or otherwise he will kill him etc…
  2. Ghair Muljee: Ghair Muljee is a situation where someone threatens a man to divorce his wife or otherwise he will beat him up etc…

 

(Raddul Muhtar p.177 v.9)

 

(The difference is that in ghair muljee he is not threatened with his life.)

 

Furthermore, the jurists have added that if the individual who is being forced to divorce his wife is from a respectable background, then ghair muljee will be considered a sufficient enough force. If however, the individual is from a rough or aggressive background then muljee will be considered as a sufficient enough force.

 

(Raddul Muhtar p.178 v.9)

 

From the above information the Islamic ruling is that if someone is forced to divorce his wife in the aforementioned situations, then the divorce will be effective on the condition that he said it verbally.

 

The author of Durre Mukhtar, states: “The Talaq of every husband is effected, be he a slave or under duress.”

(Raddul Muhtar p.438 v.4)

 

However, if a man is forced to divorce his wife and he writes out a Talaq on paper and he even signs it or signs on a paper which has Talaq written on it from before, Talaq will not be effected.

 

(Raddul Muhtar p.440 v.4)

 

It should be borne in mind that situations such as being “emotionally forced” or being forced by someone without threat to ones life or the threat of being injured is not considered as being forced.

 

In conclusion if you do not have a previous medical condition or have not been certified by a medical practitioner as insane and nor had any witnesses present then three divorces will take place and after the third divorce you’re wife will become unlawful upon you. (Fatawa Hindiyyah p.526 v.1)

 

Only Allah Knows Best

 

Mohammed Tosir Miah

 

Darul Ifta Birmingham.

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