Divorce while ill

Fatwa ID: 02188

Answered by Molana Muhammad Adnan

Question:

Recently I sent you a question. It related to the fact that I sufferfrom bipolar type 1 disorder (which is a physical and physiologicaldisorder) in which during psychotic episode one suffers from hallucinations and delusions. In reply to my question regarding whether talaq took place or not you replied that talaq did not occur (you can look in database for entire fatwaa you gave).

Anyways things have developed in the wrong direction over the past three months. During the time period in which I was waiting for your response I use to think talaq has taken place with my wife from year old event (when i uttered talaq during hallucinations and delusions phase one year back). Now I will describe to you what exactly happened during this time period:

1. When I was confused whether talaq had taken place or not (also considering there is always element of delusions for a bipolar type 1 patient even if hallucinations are under control because of medication), I was sad at the possibility that talaq had somehow taken place during year old incident and maybe I was living with my wife in zina. So I would always be thinking that maybe I'm doing zina and will go in the fire. In this pressure and constant thinking that maybe talaq had taken place, "I told my wife during an argument that you go to your home now and I will never bring you back". The context was I was under stress about year old talaq statement (which you have verified hadnt taken place because of hallucinations and delusions at that time).

So first question is keeping in mind my confusion, awaiting earlier fatwa response and atleast some level of delusion because of bipolar type 1 disorder, what do you say? Will kinaya take place by this statement or because of the three conditions that I have stated it did not occur?

2. On another occassion with the same background (awaiting fatwa response, confusion and bipolar type 1 disorder) I in anger on some other occassion said " I give you talaq". Please while responding give consideration to my mental illnees. If there is any space or hope than tell me what is ruling according to Shariat?

3. Also during several times when we had fights I would say go to your home and don't come back. I'm not sure if I intended talaq or not when I said those things. I don't remember making intention of giving talaq while saying them. It was more based on confusion on whether talaq had taken place year ago (when I was in state of hallucinations and delusions and which you subsequently clarified in fatwa that talaq doesnt take place in that situation no matter how many times one says it), stress and mood ups and downs because of bipolar type 1. Please clarify what is verdict when one is confused afterwards whether one intended talaq or not and whether mental illness has any weightage whilemaking verdict?

I hope you can respond in a timely manner because it is important in making decision on my marital life.

Jazak ALLAH Khayr

Answer:

Bismillah

1. Talaqwill not take place. If you was not in a state of illness at the time and you said it with the intention of divorce, only then will a divorce take place. (BahishtiZewar P395 and P397)

2.  If a man is not in his senses, or is mad, by his divorcing his wife, the divorce will not come into effect. (Hidaayah V2 P338). If you were not in your senses then divorce will not take place otherwise it will take effect.

3. If a person uses indirect words with the intention of talaq then talaq will take place. If no intention was made then no talaq will take place. (BahishtiZewar P397)

And Allah Ta’ala knows best                    

Written by Molana Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

Comments are closed.