Divorce given while under the influence of medication?

Fatwa ID: 02683

Answered by: Sabrina al-Faarsiyyah​

Question:

Assalamualaikum

I'm a patient of panic and anxiety disorder and under strong medication. I sometimes suffer serious withdrawal symptoms in which I lose my senses. Muje hosh ho hawas nahi rehta

I have been married since over 20 months and I gave talaq to my wife once, after that I had sexual intercourse and I thought that there are 0 talaqs, 6 months after ruju I again gave her one talaq, and again did ruju with her.. I again thought I can give 3 more talaqs, All this was done in absence of any witness aur mene ye 2 talakein apne hosh ho hawas mei nahi di thein

Now few days I gave 3 talaqs to my wife infront of two witnesses, but it was out of my senses. mene apni bv ka naam nahi liya na hi uski tarf ankho mei aankhein daal ke dekha…mujhe wakai koi hosh nahi thah aur meri 3 din se halat boht khrab hai.. mukhtalif mansak mei molvi aur mufti hazrat muje keh rahay hain talak hogayi hai.. mein halala nahi karana chahta kionke shart ke ooper nikkah karanay ko Hamaray Paghambhar sallalaho alayhe wa aalihi wasalam ne lanat bheji hai.. muje apni bv aur beti se boht pyar hai unki zindagi barbaad hojaye gi .. mene kanoonan talaq nahi di.. mere khyal se Allah boht ghafoorur rahim hai aur jab mene hosh o hawas mei talaq nahi di tou islam kaisay itna sakht hosakta hai.. muje umeed hai ap mera jawab jaldi dein gay aur iska koi sharayee hall bataien gay.. kionke agr apnay kaha ke meri bv mere pe haram hai to mei shayd apni zindagi khatm kardoon jo ke haram hai…

 

Please tell me if my wife is haram or halal.

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

 

Answer:

 

 

Firstly, it is important for you to understand that suicide in Islam in completely forbidden and such a person who commits this act will be thrown into the fire of Hell, as Allah Ta’ala says in the Qur’an: “And do not kill yourselves [or one another].

Indeed, Allah is to you ever Merciful. And whoever does that in aggression and injustice – then We will drive him into a Fire. And that, for Allah, is [always] easy.” [Qur’an 4:29-30) Therefore, whatever Allah Ta’ala has declared in His religion regarding your situation will be related to you through this fatwa, and as a Muslim, one should say ‘I hear and obey’ instead of ending one’s life which invites Allah’s wrath and entry into the Fire.

        Also, understand that whatever hardships and trials you face in this temporary world, are either tests from Allah Ta’ala, to see if we’ll be patient, or occurs a result of our own wrongdoings.

Overall, you do not know what’s best for you, whether it is better for you to return to your family, or get married to someone else, but Allah Ta’ala knows.

That’s why, I encourage you to be ready to act upon Allah’s deen firmly, whether it’s separating from your wife or anything else, and put your trust upon Allah, this is the only way you can achieve success.

All that said, I’d like you to provide me with more relevant detail regarding your disorder.

Have you been diagnosed by a medical professional?

When were you diagnosed?

How often do your manic episodes occur and when you say you are not in your senses whilst giving talaq, how are you able to remember the number of talaqs you gave etc?

When you gave her 3 talaqs, you said you didn’t take her name or look at her, but did you intend your wife? Was she present in the room? Describe the exact words and scenario to the best of what you remember. Waiting your reply.

 

 

Only Allah Ta'ala knows best.

Written by Sabrina al-Faarsiyyah

Checked and approved by Mufti Mohammed Tosir Miah

DarulIfta Birmingham

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