Divorce in anger

Fatwa ID: 02637

Answered by: Molana Muhammad Adnan

Question

Asalam Aleikum

my husband divorces me because he was angry. And i am 2month pregnant, but on the second day he regrets what he says, so can we still be together even after he told me 3times talaq?

Answer

The jurists have categorised anger into three stages:

1. The initial stage of anger where one's 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)

Therefore, in the second situation, if his anger reached the level of insanity where he couldn’t distinguish between right and wrong then talaq will not take place.

In respects to the third situation where in the heat of an argument he angrily said talaq three times (i.e. simultaneously) to you and the anger was not extreme to the point of insanity, then the anger will be categorised in number three. Therefore, the three talaqs will count as three and take effect and you have now become unlawful for him(i.e. divorced).

Your waiting period(iddah) will commence immediately and will complete upon child birth.

Only Allah knows best

Written by Molana Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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