Divorce in depression

Fatwa ID: 02638

Answered by: Maulana Mujahid Hussain

Question

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

Answer

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.[1]

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


[1]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 )

 

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