Talaq in the state of intoxication

Fatwa ID: 01248

Answered by Mufti Mohammed Tosir Miah

Question:

My husband said talaq 3 times in anger and he is saying he wasn’t in josh. He said he had drugs. So I don’t know if the divorce is valid.

Answer:

Bismillah

 

 

In the name of Allah, the most Beneficent, the most Merciful.

There are two issues, which needs to be clarified.

  1. Three divorces or talaqs.
  2. Issuing the talaq in the state of intoxication like alcohol and drugs.

If a person pronounced three divorces at once in any way then three divorces will occur. This can be proven through the following Hadeeths:

Sayyida A’isha [rahinaha] reports that: A man pronounced three divorces to his wife. She (after her iddah) married another man. The Messenger of Allah was asked whether it was lawful for her to return to the first husband. He said: “Not until they have sexual intercourse.” (Sahih Bukhari)

Sayyiduna Hasan ibn Ali raḍyAllāhu 'anhu (may Allāh be pleased with him) said (in a long Hadith, after divorcing his wife): “Had I not heard my father (Ali) narrating from my grandfather The Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) say: “when a man pronounces three divorces, then his wife will no longer remain lawful for him, unless she marries another man”, I would have taken my wife back.” (Sunan Baihaqi)

With regards to the second issue, irrespective of whether the husband is in the state of intoxication or not, talaq will occur.

Ibn Abideen Shami [rahinahu] has said, “The ruling is that if a person is intoxicated by using unlawful means, then he is not absolved of responsibility, and the rulings will apply to him.”

In another place he says, “If his sanity is affected by a headache or with any lawful thing, then talaq in that state will not be effected.” (Raddul Muhtar p.444 v.4)

The conclusion we can come to is that three talaqs would occur in the aforementioned scenario. 

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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