Fatwa ID: 08651

 

 

Answered by: Alimah Aisha Qureshi

 

Question:

 

What do our Islamic scholars and muftis of Islamic law state about this following issue. Does the divorce of partially sane person happen for example, if someone who is not considered or medically diagnosed as completely mentally ill in total, but he behaves like a mentally insane person, he is suffering from depression and he has been given treatment and medicine, if he gives divorce in a such state, then it will occur or not.

 

I have signed a piece of paper forcefully and under extreme pressure and threats which states that I give my wife Talaq, Talaq, and Talaq and my mother-in-law constantly asked me to say the words as well while telling me things which made me lose my sanity for a while, I was blacked out like I was not a sane person who could not think on my own. Whatever she said I was repeating it and even my sign was not proper ie not how I usually do it. It was just like I ran a pen on a piece of paper. It was forced and under threats the same as someone has pointed a gun at me or mentally paralyzed me.

 

I was also taking a lot of sleeping medication at that time and even a little stress makes me feel like I cannot control anything. I can testify under oath and put my hand on the holy Quran that I did not intend to give my wife divorce, and because of the sleeping medicine and my mental state at that time I was not in the right state of mind. I felt like I did it forcefully, like someone beat me down mentally to make me do what they want like I became a robot who would say anything or sign anything that was being said.

 

What do our scholars and muftis have to say about this matter under the light of Islamic law.  

 

 

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

 

In regards to the divorce of an insane person it does not take effect as the hadith of the prophet (saw) mentions the pen has been lifted from three people and insane is one of them until he regains sanity.

 

With regards to you being forced to divorce and sign that in itself is considered as the divorce taking place but, in your situation, you mention that whilst you were being forced you had lost your mind and was not aware of what was happening therefore in your case the divorce has not taken place.

 

 

 

 

References:

 

Hadith 2041 Sunan Ibn Majah (Sunnah.com)

حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ، حَدَّثَنَا يَزِيدُ بْنُ هَارُونَ، ح وَحَدَّثَنَا مُحَمَّدُ بْنُ خَالِدِ بْنِ خِدَاشٍ، وَمُحَمَّدُ بْنُ يَحْيَى، قَالاَ حَدَّثَنَا عَبْدُ الرَّحْمَنِ بْنُ مَهْدِيٍّ، حَدَّثَنَا حَمَّادُ بْنُ سَلَمَةَ، عَنْ حَمَّادٍ، عَنْ إِبْرَاهِيمَ، عَنِ الأَسْوَدِ، عَنْ عَائِشَةَ، ‏.‏ أَنَّ رَسُولَ اللَّهِ ـ صلى الله عليه وسلم ـ قَالَ ‏”‏ رُفِعَ الْقَلَمُ عَنْ ثَلاَثَةٍ عَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ وَعَنِ الصَّغِيرِ حَتَّى يَكْبَرَ وَعَنِ الْمَجْنُونِ حَتَّى يَعْقِلَ أَوْ يُفِيقَ ‏”‏ ‏.‏ قَالَ أَبُو بَكْرٍ فِي حَدِيثِهِ ‏”‏ وَعَنِ الْمُبْتَلَى حَتَّى يَبْرَأَ ‏”‏‏

 

 

Hidaya Al- Marghinani (Vol 2 Bushra print pg 82)

 ولا يقع طلاق الصبي والمجنون والناءم

 

 

Radd Al Muhtar  (Vol 4 Dar Al Kotobal-Ilmiyah Beirut pg 438)

فدخل طلاق المكره في عموم الجواز ، وبحديث : ( ثلاث جدهن و هزلهن جد الطلاق يالنكاح والرجعة ) والمكره لا يخلو من ان يكون جادا او هازلا فيقع طلاق

 

 

 

Only Allah knows best

Written by Alimah Aisha Qureshi

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham