Fatwa ID: 08277
Written by Aalimah Saleha Bukhari Islam
Question:
I am asking this on behalf of someone.
The husband gave divorce in form of a text message three times at once.
The husband has not been feeling well mentally. He had been having suicidal thoughts and was showing many signs of dual personality disorder for over 8 months and had taken professional help too previously to combat this but didn’t continue regularly.
He clearly acts abnormal frequently and the whole family acknowledges it. They have seen his body going into the epileptic shock state, witnessed him in hallucinations and sharing weird thoughts.
He is currently back to medical treatment.
The divorce message is well written and shows the intent of divorce but now the husband is saying he doesn’t remember doing anything like that. Right after the incident he also threatened his friends that he will attempt suicide, but he himself cant recall this.
He wants to revoke this but at the same time doesn’t want a haraam relationship given that he has divorced the wife 3 times. And the message itself is well written.
Is the divorce irrevocable in this case?
Please guide in light of Quran and Hadith.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
For a divorce to be valid, it must be pronounced or written by someone who is of sound mind and has a clear intention to divorce. The Prophet Muhammad (ﷺ) said:
“The pen has been lifted from three: from the sleeper until he awakes, from the minor until he grows up, and from the insane until he regains sanity” [1]
[Sunan At-Tirmidhi, authenticated by Al-Albani]
This hadith indicates that actions taken during periods of insanity or mental incapacitation are not held accountable. Scholars have debated the validity of a divorce pronounced during periods of mental illness or incapacity. Most are inclined towards the view that if a person is not fully aware or in control of their faculties and unable to understand the consequences of their statements, such a divorce may not be considered binding.
The validity of the divorce depends on the mental state of the husband at the time. If his anger reached a level where he became unaware of his texted statements and their consequences, then the divorce he wrote would not be considered valid. If the husband texted divorce or talaq on his mobile phone and sends it to his wife the message has become Marsumah, i.e. addressed (Marsumah) to the wife thus talaq will occur without an intention of talaq or not. Additionally, if he was angry but still fully aware and in control of his actions and understood the implications of his written words, then the divorce would be recognised as having occurred. Moreover, intention is crucial in determining the validity of a divorce. If there was no intention to divorce, as is indicated by his lack of recollection and extreme emotional state, the pronouncement is typically considered invalid. [2]
In such cases, medical evidence regarding the individual’s mental health condition and testimonies from family members or medical professionals are crucial. They can provide context about the individual’s mental state at the time the divorce was pronounced. Thus, guidance can be sought based on the specifics of the case, including the husband’s mental health records and details of the incident. Thereafter, if the divorce, which in this case is all three – is deemed invalid due to the husband’s compromised mental state, and both parties are willing, they may consider reconciliation.
This process should involve both religious advice to ensure fulfilment with Islamic law and professional counselling to address underlying marital and mental health issues, given the situation described. We recommend that you present the relevant evidence, and we can then provide guidance in accordance with Islamic law. Alternatively, see a local Scholar or Mufti taking along the relevant evidence and they will assist you in determining the ruling in sha Allah.
In conclusion, based on your husband’s claim of not remembering the statement of divorce, his state of extreme anger, and the apparent absence of intention, it is possible that the divorce did not take place. However, the mental status of the husband needs to be established medically to determine this.
Only Allah (عز و جل) knows best.
Written by Aalimah Saleha Bukhari Islam
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References
[1] عَنْ عَلِيٍّ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ عَنْ النَّائِمِ حَتَّى يَسْتَيْقِظَ وَعَنْ الصَّبِيِّ حَتَّى يَشِبَّ وَعَنْ الْمَعْتُوهِ حَتَّى يَعْقِلَ
1423 سنن الترمذي كتاب الحدود باب ما جاء فيمن لا يجب عليه الحد
1423 المحدث الألباني خلاصة حكم المحدث صحيح في صحيح الترمذي
[2] مَطْلَبٌ فِي طَلَاقِ الْمَدْهُوشِ وَقَالَ فِي الْخَيْرِيَّةِ: غَلِطَ مَنْ فَسَّرَهُ هُنَا بِالتَّحَيُّرِ، إذْ لَا يَلْزَمُ مِنْ التَّحَيُّرِ وَهُوَ التَّرَدُّدُ فِي الْأَمْرِ ذَهَابُ الْعَقْلِ. وَسُئِلَ نَظْمًا فِيمَنْ طَلَّقَ زَوْجَتَهُ ثَلَاثًا فِي مَجْلِسِ الْقَاضِي وَهُوَ مُغْتَاظٌ مَدْهُوشٌ، أَجَابَ نَظْمًا أَيْضًا بِأَنَّ الدَّهْشَ مِنْ أَقْسَامِ الْجُنُونِ فَلَا يَقَعُ، وَإِذَا كَانَ يَعْتَادُهُ بِأَنْ عُرِفَ مِنْهُ الدَّهَشُ مَرَّةً يُصَدَّقُ بِلَا بُرْهَانٍ. اهـ. قُلْت: وَلِلْحَافِظِ ابْنِ الْقَيِّمِ الْحَنْبَلِيِّ رِسَالَةٌ فِي طَلَاقِ الْغَضْبَانِ قَالَ فِيهَا: إنَّهُ عَلَى ثَلَاثَةِ أَقْسَامٍ: أَحَدُهَا أَنْ يَحْصُلَ لَهُ مَبَادِئُ الْغَضَبِ بِحَيْثُ لَا يَتَغَيَّرُ عَقْلُهُ وَيَعْلَمُ مَا يَقُولُ وَيَقْصِدُهُ، وَهَذَا لَا إشْكَالَ فِيهِ. وَالثَّانِي أَنْ يَبْلُغَ النِّهَايَةَ فَلَا يَعْلَمُ مَا يَقُولُ وَلَا يُرِيدُهُ، فَهَذَا لَا رَيْبَ أَنَّهُ لَا يَنْفُذُ شَيْءٌ مِنْ أَقْوَالِهِ.
ص244 – كتاب حاشية ابن عابدين رد المحتار ط الحلبي – مطلب في تعريف السكران وحكمه – المكتبة الشاملة
