On the 9th or 10 th October 2012, my husband woke up very angry, I was outside the bedroom sitting on the floor in front of the mirror, from inside the bedroom he swore, and then stormed out of the room, his anger was such that he punched the mirror, and the mirror went flying across the gallery and broke, showing that he had total loss of control on what he was doing and insanity. He then pushed me and swore very badly at me and my family in a very rude manner. His eyes were very red, his face looked swollen, he was shaking beyond control, and his anger was out of control, he was acting in a way in which I could not recognise him. His fists were clenched. He then pronounced the talaaq twice. He has a very bad smoking addiction, to control his anger he walked off and went to smoke, he came back realising what he had just done, and said “his anger was so extreme that he lost control”.
He has mentioned to me that he has been told by his GP that he has low self esteem and anxiety issues, and his anger is on an extreme level. His family are aware of his anger issues, and his sister called me a couple of days ago saying that his anger is so bad that he can only be controlled by his mother when he is angry, otherwise he is out of control and she said “he can be like an animal when he is angry”. This shows that he is very hot headed, and cannot be controlled when angry.
He then put his hand on the Quran to say that he would never say talaaq again, but his anger was such that he had no control over what he did and said after taking this kasam.
On the night of the 19th October 2012, he had smoked sheesha very heavily, on the 20th October, he pronounced one talaaq again, this time he was violent towards me, and threw my belongings everywhere and swore very badly. Again his anger was very extreme.
In such extreme anger, will the talaaq take effect according to the Hanafi Fiqh?
In the name of Allah, the most Beneficent, the most Merciful.
The jurists have categorised anger into three stages:
- The initial stage of anger where one’s mind is sound and fully in control of what one is saying. In such a case talaq will occur without any doubt.
- Extreme anger to the point of insanity, where one is unaware where he is or what he is saying. In such a case talaq will not occur.
- Finally that stage which is between the above two stages in that one was extremely angry but not to the point of insanity, and was aware of what one was saying. In this case also, talaq will also occur. (Raddul Muhtar p.452 v. 4)
Following on from the conversation we had regarding the two Talaqs given by your husband on the 9th or 10th October 2012 followed by the third Talaq on the 20th October 2012.
There will always be a certain degree and level of anger at the time of issuing a Talaq. A husband who is happily married with his wife will not give his wife Talaq. However, if that level of Talaq reaches the level of insanity then the Talaq will not occur.
Regarding your question, as you mentioned above that your husband has had history of becoming angry and losing his temper to the extent that sometimes his anger would reach the level of insanity or would reach such a state where he would be braking things and smashing the door, unaware of what is right and wrong and also being unable to differentiate between a man and a woman, in which case Talaq uttered in such a state will not be effected.
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham