Fatwa ID: 08953
Answered by Maulana Iqtidar Ahmed
Question:
The issue at hand is Talaq.
3 years ago during Ramadhaan just before Asr, myself and my wife got into an argument. After some time I loss control and uttered the word Talaq. I am generally a very calm person. In this instance i broke a few glass things and hurt my hand by punching the wall repeatedly. I left the house in this state and drove off. After returning, I realised what happened when I seen the broken glass and tiles on the floor. I immediately regretted my actions. My wife and I reconciled. I regretted that action ever since.
We have a very happy marriage generally together with the arguments and disagreements. On Sunday 17 November 2024, we had another argument. I felt I was losing control and decided to leave. I couldn’t drive off as my wife had jumped into the car as well. So I jumped off in a state of frustration and anger. I walked down the road. She ran after me and as soon as she caught up to me she grabbed my arm and I regrettably uttered the word Talaq twice in quick succession.
I didn’t realise what I was doing. I have never had any intention of breaking my marriage and home after 15 years . We are requesting guidance the situation and where this leaves us. We are both remorseful and regret the situation we face. Our family consists of 2 young girls and we both still want our family intact.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
This case seems very sensitive, and it seems there is a lot here. We would encourage you to seek marital counselling and see a psychologist to investigate the issues, in particular related to your anger. This all would impact the ruling – as they would be able to inform what state you may have been when you said and did what you did.
This is a sensitive matter, and cases of talaq in anger depend on the level of anger and awareness at the time. In principle, if a person was aware of what they were saying, the divorce will take effect. However, if the anger reached a level where the person was no longer aware or in control, then the talaq may not occur. [1]
Given the complexity of your situation, you should consult qualified scholars locally with full details for a definitive ruling.
Only Allah ﷻ knows best.
Written by Maulana Iqtidar Ahmed
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1] Ibn Abidin, Radd Al-Muhtar Ala Ad-Durr Al-Mukhtar, vol 3, p.244, Kitab At-Talaq (Dar Al-Kutub Al-Ilmiyyah).
وسئل نظما فيمن طلق زوجته ثلاثا في مجلس القاضي وهو مغتاظ مدهوش ، أجاب نظما أيضا بأن الدهش من أقسام الجنون فلا يقع ، وإذا كان يعتاده بأن عرف منه الدهش مرة يصدق بلا برهان . ا ه