Divorce given under the influence of drugs

CategoriesDivorce [521]

Fatwa ID: 01255

Answered by Molana Ishaaq Hussain

Question:

My husband under the influence of drugs and alcohol sent me 3 talaak txt messages. Is this permissible..? He is a regular drug user and it has played a part on his mind and paranoia and I think he is not mentally all there as he is a confused man and I think the drugs have chemically unbalanced his brain as he was constantly using weed and cocaine. When I go to work he has so much paranoia that he accuses me of prostitution. I have proof of where i go and address of clients houses but he constantly blames me. Yet he is the one that has had numerous affairs and living with other women. he has committed adultery numerous times. He had said within my 3 months idddat period that the divorce was not valid as he is under the assumption that 3 talaaks in one instance counts as one. i.e. revocable. And he has stated he wants me back. There are a few witnesses of this.  I don’t want to give up on my marriage as we have been together for 8years and have a young child but i dont know where I stand Islamically. Can this be counted a revocable divorce..? Are we ok to get back together.?

Answer:

Bismillah

 

 

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

Firstly, we will look at the ruling of a person who has issued Talaq in the state of intoxication.

One should remember that the Talaq issued in the state of intoxication is effected according to the Shariah, but not every state of intoxication is included here. If any of those intoxicants which have been decreed as haraam in the shariah, like alcohol, drugs, etc. are consumed , and in this state of intoxication a person divorces his wife, then the divorce will be effected.

Allamah Shaami raḥimahullāh (may Allāh have mercy upon him) states: “The ruling is that if a person is intoxicated by using haram means, then he is not absolved of responsibility, and the rulings will apply to him. His words and dealings Talak (divorce), freeing slaves and business transactions will be binding. (p582, v2, extracted from The complete system of divorce p.109)

From the above we understand that if a person was under the influence of intoxicants which shariah have labelled haraam, and in this state he was to issue a Talaq, then the Talaq will count, irrespective of whether the Talaq was given via text message or not.

Please refer to the website for a derailed fatwa on Divorce given via text message.

The second thing which I would like to highlight is the ruling of issuing a woman three divorces in one sitting.

It is the consensus of majority of the scholars and the four imams that three divorces in one time is deemed as three and not one. (Adyaan Baatilah p.260)

Sayyida A’isha Radiallahu Anha reports that a man pronounced three divorces to his wife. She (after her iddah) married another man. The Messenger of Allah was asked whether it was lawful for her to return to the first husband. He said: “Not until they have sexual intercourse.” (Sahih Bukhari)

Sayyidna Mahmood Bin Labeed Radiyallahu Anhu narrates that Rasulullah Sallallahu Alaihi Wasallam was informed that a person had divorced his wife three times together. Rasulullah Sallalahu Alaihi Wasallam stood up angrily and said, “Are games being played with the book of Allah whilst i am amongst you.” After seeing this anger of Rasulullah Sallallahu Alaihi Wasallam a man stood up and asked the prophet of Allah Sallallahu Alaihi Wasallam, “O messenger of Allah, shall i not kill him” (Sunan Nasaee p32 v1)

Sayyidna Anas Radiyallahu Anhu says: when a person who had divorced his wife three times in one gathering was brought to Sayyidna Umar Radiyallahu Anhu, then he would give him a punishment and separate the couple. (Musannaf Ibn Abi Shaybah p.11 v.5)

With regards to your question, if your husband issued three divorces then three divorces will occur. You will not be allowed to live together. (Fatawa Hindiyah p.469 v.1)

Only Allah Knows Best

Written by Molana Ishaaq Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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