Fatwa ID: 07840
Written by Alimah Shireen Mangera-Badat
Question:
My husband has been diagnosed with bipolar and takes medicine on a daily basis. A few months back he started acting very hyper like he was not himself even his family and friends noticed and asked me but I told them he had taken his medicine lately. We had a small argument, and he gave me 1 talak because of an issue that happened in 2019 while we were in 2024. After 3 weeks we got back together, and everything was good. A week after I had travelled he called me on the phone and gave me the ” balance of 2 talaks remaining” as per his words. I know it’s just one talak but he is adamant that we are done and it’s 3 talaks. The cause of divorce now is that he says I wasn’t a virgin when he married me in 2019 which is a complete lie and other lies regarding my dignity as a woman which are mere accusations. I am currently 7 months pregnant and he even says that the baby is not his. He has completely changed. He doesn’t even care about our son who is 4 years now nor his old parents since he says they are on my side. Are the Talaks Valid? because for sure he is not himself and he is having one of the episodes.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Bipolar disorder is a mental health condition where you have extreme mood changes. Medicines and talking therapy can help manage it.
If your husband was taking medication whilst he was in his ‘episode’ as you have called it, then your husband was in his right mind. As the medication stabilises his moods and behaviour and day to day life are manageable and continue as per normal.
In answer to your question if the talaq is valid? If your husband was not under any medication and not aware of his behaviour, then divorce will not occur.
But since you have stated that ‘everything was good’ which would mean that your husband was of sound mind then divorce will have occurred.
Only Allah knows best.
Written by Alimah Shireen Mangera-Badat
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
https://shamela.ws/book/9403/1535
(وَيَقَعُ طَلَاقُ كُلِّ زَوْجٍ إذَا كَانَ عَاقِلًا بَالِغًا
ص487 – كتاب العناية شرح الهداية بهامش فتح القدير ط الحلبي – فصل ويقع طلاق كل زوج إذا كان عاقلا بالغا – المكتبة الشاملة
https://shamela.ws/book/6178/343
قَالَ وَمن لَا يَقع طَلَاقه وان طلق عشرَة انفس عِنْد ابي عبد الله خمس لَا اخْتِلَاف فِيهَا وَخمْس مُخْتَلف فِيهَ
وَالثَّانِي طَلَاق الْمَجْنُون…….
