Divorce in anger

Fatwa ID: 02604

Answered by: Maulana Mujahid Hussain

Question

I have a question regarding divorce my husband when he is angry always states to me I give u talaq (divorce)I have lost count how many times he has said this to me. As I have only been married 4 years and I am expecting my 4th child now each time he has said talaq to me he has said whilst I was pregnant and once he said talaq to me when I was in post partum bleeding.

Every time he said talaq to me sometimes once sometimes 3 talaqs in one breath he always says he said it in anger and when he is angry he doesn't know what he is saying.

I am 5 months pregnant with my 4th baby and in 24th March he said 3 talaqs to me in front of my mother over a row for my daughter's birthday cake. .. since then I have not allowed him to come back as I don't know whether I am in nikah or not

My children are 3 daughters and they are very young 3.2. and 1-year old I don't want to sin but also they need their father and need a family. Could someone please advise me whether or not I can take him back? It's only for my daughter's sake that I ask.

Answer

Firstly, 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 of 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 P452 V4)

Secondly, a divorce given to a woman during her menstrual cycle or post partum bleeding stands as a valid divorce. (Bahishti Zewar, chapter of divorce)

Thirdly, 3 divorces in 1 sitting constitute 3 divorces (Bahishti Zewar, chapter of divorce)

Coming to your question, unless your husband has a medical condition or a reputable Doctor has diagnosed him as unable to have any control over his anger, your marriage is over and you need to observe Iddah and the rest of the ahkaam for a divorced male and female would need to be observed.

Only Allah Knows Best

Written by Maulana Mujahid Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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