Talaq in Anger

CategoriesDivorce [525]

MUFTI SAHB MEIN DEPRESSION KA MAREEZ HON AUR MUJHE GUSA BAHUT JALDI AUR TAMAM SHADEED AJATA HAI AUR JAB AJATA HAI US WAQT MERA JISM KANPNE LAGTA HAI AUR SAR MEIN DARD PAD JATA HAI AUR AKAL KAM CHODH JATI HAI.AUR MEIN LADNE KO YA KOI NUQSAN KARNE KO TAYAR HOJATA HON.LEKEN JAB GUSA KHATAM HOJATA HAI TO PHIR DURUST HOJATA HON. EK BAR KYA HUA MERI BIWI MUJHSE ROOTHKER APNE MAIKE CHALI GAI.AUR MEIN USKE BAGAIR REH NAHIEN PA RAHA THA KYUNKE MEIN US SE BAHUT PYAR KARTA HON AUR MUJHE DO CHOTE BACHE BHI US MEIN SE HEIN.JAB MEINE APNI BIWI KO WAPAS MAIKE SE APNE GHAR ANE KO KAHA TO WOH MUJHSE NARAZGI KI WAJAH SE ANE KO BILKUL BHI TAYAR NAHIEN THI TAB MEIN BAHUT GUSEY MEIN AGAYA AUR USEY GALIYAN BHI DENE LAGA AUR US SHADEED GUSEY MEIN MEINE PHONE PER DO BAR TALAQ DE.KHAIR USKE BAD MERI BIWI WAPAS MERE GHAR AGAE LEKEN 8 MAHENE KE BAD HUM MEIN PHIR LADAI HUE AUR WOH PHIR SE ROOTHKER CHALI GAE AUR MERA HAL USKE BAGAIR BEHAL HOGAYA.BILKUL USKE BAGAIR PAGAL HOGAYA THA.MEINE BAHUT BAR USEY WAPAS ANE KO KAHA MAGER WOH NAHIEN MAN RAHI THI AUR ISI TARAH MERI IS BAR BHI WOH KEFIAT HOGAE MEIN GUSE MEIN BOKHLAGAYA GALIYAN DENE LAGA SAR PHAT RAHA THA JISM KAMPNE LAGA AUR MENE PHIR DO BAR USEY PHONE PER TALAQ DE AUR AB WOH WAPAS AGAE HAI AUR AB MEIN SAKHT PARESHAN HOUN.MERI ZINDAGI IS BAT KI WAJAH SE TANG GUZAR RAHI HAI KE KAHIEN MERI BIWI KO TALAQ TO NAHIEN AGAE?MUFTI SAHB KHUDA KI KASAM MEIN APNI BIWI SE BE INTIHA MOHOBAT KARTA HON AUR KABHI BHI USEY TALAQ DENA KA TASAWER BHI NAHIEN KIYA MAGER JAB GUSA MUJHE BE INTIHA AGAYA ISILIYE MUJHE YE ALFAZ NA CHAHATE HUE BHI NIKAL GAE.MUJHE KHUDA KE WASTEY MERI KEFIAT KO NAZAR MEIN RAKHTE HUE FATWA DEJIYEGA.MEIN BAHUT ARSEY SE DEPRESSION KA SAKHT MAREEZ HOON.aur bahut junooni hon aur kamzor bhi hon.

 

Divorce said in a state of anger where it is claimed that the person lost his sanity.

 

In the name of Allah, Most Compassionate, Most Merciful.

 

Answer:

 

Mu'adh ibn Jabal narrates that Allah's Messenger (sallal lahu alayhi wa sallam) said to him, "Mu'adh, Allah has created nothing on the face of the earth dearer to Him than emancipation, and Allah has created nothing on the face of the earth more hateful to Him than divorce." (Tirmidhi: 969)

 

Divorce has very severe and serious consequences and should be used only in extreme need. Normally in most scenarios divorce is pronounced and issued in the state of anger. Seldom does one issue a divorce in a state other than anger. Divorce in anger can be classified in three categories:

1) Initial stages of anger: Does not have effect on ones mentality and can comprehend what is being said. In this scenario divorce will take place without any doubt.

2) Extreme anger: To the point of insanity where the person is unaware what is being said and nor does he intend or understand the implications of the words. In such a scenario, there is no doubt that divorce will not take place.

3) In between the above two categories: Where one is extremely angry but not to the point of insanity. In this scenario also divorce will take place. (Raddul Muhtar, Vol 2, P463)

Normally it can be said that the anger does not reaches the level of insanity as mentioned above therefore divorce is valid and will take place.

 

However in circumstances where it is claimed that the anger was such that a person lost his sanity, then in those occasion it is necessary that the person has previous medical history of insanity or has been diagnosed by the doctor of being of unstable mind, or has two male witness or one male and two female witnesses testifying that in fact on that occasion the person had in deed lost his sanity, then the divorce will not take effect. (Raddul Muhtar, Vol 2, P463)

 

In conclusion if you do not have a previous medical condition or have not been certified by a medical practitioner as insane and nor had any witnesses present then divorce would have taken place and after the third divorce talaaq e mughallazah has taken place. However if any of the above is found then divorce would not have taken effect.

Only Allah knows best.

 

Sayeedur Rahman

Darul Ifta, Birmingham

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