Fatwa ID: 02638
Answered by: Maulana Mujahid Hussain
My father was a gentleman. He loved us and my mom too much. He cared for us. But since 15 years we had a very bad downfall and my father lost his business, home, everything and he went into heavy depression. Now he has so much negativity for everyone. He talks so much and all fazool batein. He says to my mom I will give you a talaq. He gave 1st divorce 3 years back. 2nd some months back. Now he says murharram on me. all in anger. he is still in depression every one can say he is not well…now this will consider divorce or not
I’m sorry to hear about your difficult situation. Indeed depression sadly is not understood by many, yet it's probably one of the most widespread metal issues in our time.
No doubt depression does mitigate a person's wrongful actions. However, it does not make them invalid unless the depression reaches the most severe form, where a person's illness has a greater influence over his decisions than his conscious brain.
This would mean his utterance of divorce is valid unless his illness has a greater influence over his decisions than his conscious brain.
May Allah (s.w.t) cure your father from his illness and may he reward you for your patience and endurance during his illness ameen.
Only Allah Knows best.
Written by Maulana Mujahid Hussain
Checked and approved by Mufti Tosir Miah
Darul Ifta Birmingham
وَاَلَّذِي يَظْهَرُ لِي أَنَّ كُلًّا مِنْ الْمَدْهُوشِ وَالْغَضْبَانِ لَا يَلْزَمُ فِيهِ أَنْ يَكُونَ بِحَيْثُ لَا يَعْلَمُ مَا يَقُولُ بَلْ يُكْتَفَى فِيهِ بِغَلَبَةِ الْهَذَيَانِ وَاخْتِلَاطِ الْجَدِّ بِالْهَزْلِ كَمَا هُوَ الْمُفْتَى بِهِ فِي السَّكْرَانِ عَلَى مَا مَرَّ،
(RadulMuktaar, volume 4, page 452, print Darul KutubIlmiyyah )
فَاَلَّذِي يَنْبَغِي التَّعْوِيلُ عَلَيْهِ فِي الْمَدْهُوشِ وَنَحْوِهِ إنَاطَةُ الْحُكْمِ بِغَلَبَةِ الْخَلَلِ فِي أَقْوَالِهِ وَأَفْعَالِهِ الْخَارِجَةِ عَنْ عَادَتِهِ
(RadulMuktaar, volume 4, page 453, print Darul KutubIlmiyyah )