Fatwa ID: 08157
Answered by: Aalimah Khadija Tarwala
Question:
Asalamualaikum Mufti Saab,
I am facing a very hard situation and need your support.
Three weeks ago, my husband said talaq three times in extreme anger. He has no addictions and is family-oriented, but has severe anger episodes during which he isolates himself, doesn’t eat or talk, and even leaves the house. Recently, after a misunderstanding, we discussed the issue and seemed to resolve it. However, the same day, a conflict regarding our son led to a breakdown.
He picked up our son from work, got angry, and physically disciplined him. I intervened, and my husband blamed me. When my mother (his aunt) and his sister came to speak to him, he wouldn’t listen. In their presence, he angrily declared talaq three times and left.
He later sent our son a message apologizing and said he had “lost control.” He sometimes wakes screaming from dreams of snakes attacking him, and the children and I feel there may be some mental or spiritual distress.
Despite all this, I still do not feel there is hatred in our marriage. Please tell me: Is our marriage still valid or can it be saved?
Jazakallah,
Your Sister
Answer:
In the name of Allah, the Most Gracious, the Most Merciful
Wa alaikum asalaam,
May Allah (SWT) grant you strength and ease in your trials.
According to Hanafi fiqh, if a husband issues three clear declarations of talaq, then the marriage is irrevocably terminated (talaq mughallazah)—even if the words were said in anger, emotional distress, or during a heated argument.
If your husband was sane, aware, and understood what he was saying, the divorce is valid. Anger does not invalidate a divorce unless the person is in a state of complete insanity or loss of comprehension.
His dreams, emotional behavior, or regrets after the incident do not change the ruling. Unless a court of qualified scholars finds that he was truly not of sound mind at the time, the three talaqs are binding, and the marriage is over. A new nikah would not be possible unless you lawfully marry another man and that marriage ends (i.e., after halalah conditions).
This is understandably painful, but it is crucial to accept the outcome with sabr and trust in Allah’s wisdom.
Classical References:
“Divorce is valid from any sane adult male… It does not apply to the child, the insane, or the sleeping.”
وَيَقَعُ طَلَاقُ كُلِّ زَوْجٍ إِذَا كَانَ عَاقِلًا بَالِغًا…
كتاب العناية شرح الهداية، ج3، ص 487
“In a state of regular anger not accompanied by mental impairment, the talaq is valid.”
فِي حَالَةِ الْغَضَابِ الْمُجَرَّدَةِ عَنْ السُّؤَالِ تَأَمَّلْ
رد المحتار، ج3، ص 301
Only Allah knows best.
Written by Aalimah Khadija Tarwala
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
