Fatwa ID: 03226
Answered by: Alimah Sabrina Saidova
Every time we fight, my husband gives me talaq 3 to 4 times. Thereafter, he always says that his intention was not of talaq, I am still his wife and he can't live without me. He also says that in extreme anger, talaq does not happen. In fact, my husband is not considered to be a normal man. Sometimes he looks abnormal and not in his senses.
My rukhsati has not taken place but we had our nikah 6 months ago. We've also had physical relations (intercourse) 2 months ago. Our rukhsati is in March and my husband is so happy about our marriage. Please tell me, has talaq taken place or not? If it has, then what's the solution other than halalah? I am very tense and feel guilty every day due to my situation.
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful
Regarding your statement about your husband being abnormal, a mere outward appearance of him seeming a certain way or abnormal to a certain level is not sufficient in order to make a judgment. If he has been diagnosed with a certain type of medical condition that can establish his abnormality; that he indeed has an anger issue or any other type of mental issue, then this evidence would establish that he may come under the ruling of someone who is mentally unstable (ma’tooh) or has mental issues (majnoon) and that his talaq will not take place.
Likewise, based on the information you have provided, if your husband has anger problems that are so extreme that he: isn’t able to differentiate between right and wrong, can’t recall what came out of his mouth, talks irrationally, and is ranging with anger, then he may come under the ruling of a mad’hoosh, which is a type of mental illness, and his talaq will not take place.
However, many individuals have a bad habit of getting angry over little issues, giving talaq and then justifying their actions by claiming they are not normal. Such people are trying to deceive Allah and play with His religion, but Allah Ta’ala is high from being deceived. Allah Ta’ala is aware of what’s in the hearts. Therefore, firstly, your husband must be honest and judge according to his real condition. Secondly, your husband must abstain from uttering talaq so often, as this will eventually lead to failure in marriage. What will be better for your marriage is if he can get treatment before your rukhsati, so that he can lose his extreme anger and avoid uttering the word talaq so often? It is well known that in reality, the utterance of the word talaq 3 times or more leads to the termination of the marriage forever.
You have claimed that your husband gives you talaq 3-4 times. However, he claims he was extremely angry, and appears to be abnormal. If this is as true as you’ve mentioned, talaq has not taken place as the talaq of a majnoon or mad’hoosh patient does not take place.
Only Allah knows best
Written by Alimah Sabrina Saidova
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
 Raddul Muhtaar 4/438-439, al-Maktabah al-Ashrafiyyah
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
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، وَلَا يُنَافِيهِ تَعْرِيفُ الدَّهَشِ بِذَهَابِ الْعَقْلِ فَإِنَّ الْجُنُونَ فُنُونٌ
 al-Fatawa al-Hindiyyah, 1/420, al-Maktabah al-Faisal
وَلَا يَقَعُ طَلَاقُ الصَّبِيِّ وَإِنْ كَانَ يَعْقِلُ وَالْمَجْنُونُ وَالنَّائِمِ وَالْمُبَرْسَمُ وَالْمُغْمَى عَلَيْهِ وَالْمَدْهُوشُ هَكَذَا فِي فَتْحِ الْقَدِيرِ.