Claiming Insanity after Giving Three Talaqs

Fatwa ID: 04090

Answered by: Mufti Mohammed Tosir Miah

 

Question:

 

If a person in extreme anger (insanity) first breaks his mobile phone and then utters the word talaq 3 times to his wife without knowing what he said at that moment. It is clear that he was in a mad state at that time, so the question is that does talaq occur?
 

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

 

Regarding your question, a mere outward appearance of a person seeming a certain way or abnormal to a certain level is not sufficient in order to make a judgment. If he has been diagnosed with a certain type of medical condition that can establish his abnormality; that he indeed has an anger issue or any other type of mental issue, then this evidence would establish that he may come under the ruling of someone who is mentally unstable (ma’tooh) or has mental issues (majnoon) and that his talaq will not take place.

 

Many individuals have a bad habit of getting angry over little issues, giving talaq, and then justifying their actions by claiming they are not normal. Such people are trying to deceive Allah and play with His religion, but Allah Ta’ala is high from being deceived. Allah Ta’ala is aware of what’s in the hearts. Therefore, firstly, the answer to your question is three talaqs have occurred unless the husband can prove he has some sort of anger problem medically certified by a reliable doctor.

 

 

Only Allah knows best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

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