Talaq of a schizophrenic person

CategoriesDivorce [736]

Fatwa ID: 01249

Answered by Mufti Mohammed Tosir Miah

Question:

Talaq of a schizophrenic person

Answer:

Bismillah

 

 

In the name of Allah, the most Beneficent, the most Merciful.

For talaq to occur, one of the conditions is that the person issuing the talaq must be sane and mature.  Schizophrenia leads to a persons mind and intellect becoming unbalanced and obscured.  Such a person’s talaq is ineffective and not valid.

Imam Kasani raḥimahullāh (may Allāh have mercy upon him) has said ‘And amongst the conditions of Talaq is that he be sane, literally and figuratively.  The talaq of an insane person is not effected, nor that of an immature boy, who is not of an understanding age.’   (Badaius Sanai p.179 v.4)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

About the author