Divorce in anger and whilst in menses

Fatwa ID: 02636

Answered by: Molana Javed ibn Nazir Kachhalia

Question

My husband is a short temper person. So am I.

A few months ago during my menses, while we had a fight and he beat me and I angrily told him to give me talaq. He said it thrice. After some time our fight ended and we lived a normal life together. That time neither he nor I knew about the procedure of talaq or one or two talaq. In our country, people use 3 talaqs and most of us don't know about any other form of talaq.

This situation has occurred with us twice in our married life. Now recently we have learnt about talaq properly. Is our married valid? Or do u have to perform a new marriage? Or everything is ended between us?

Answer

In regards to the aforementioned scenario, there will be two parts:

  1. Divorce in anger
  1. A man is conscious of what he is saying and also understands the statement, even though he is angry, in this case, divorce will take place.
  2. The extreme anger in which a man becomes insane. He is not conscious where he is and what he is doing. In this case, divorce will not take place.
  3. In between of the above two. Extreme anger, but he was still aware that what he was doing and saying. In this scenario, divorce will take place.

(Raddul Mukhtar Vol 4, Pg 452, Daru Aalimul Kutub)

  1. Divorce during menses

Even though it’s not recommended to divorce someone during menses, but the divorce and talaq will still take place.

“ The divorce during purity or during menses will be valid, this is also mentioned in the fiqh book ‘Hidayah’” (Al-Fatawa Hindiyyah, Vol 1, Pg 382, Darul Kutub, Ilmiyyah)

From the above, we come to know that the talaq and divorce will take place during menses. But the specific menses won’t be taken into consideration and won’t be counted for the Iddat period (waiting period)

“If a man divorced his wife during her menses, this period won't be counted as of Iddat” (Mukhtasarul Qudoori, Pg 533, Maktabatul Bushra)

So to conclude this:

  • Divorce during anger will take place
  • By giving three talaqs the nikah has been terminated
  • Divorce during menses is also valid and will take place

Only Allah knows best.

Written by Molana Javed ibn Nazir Kachhalia

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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