Fatwa ID: 05794

Answered by: Maulana Sibghat Ullah

Question:

I handed my wife the first talaq in anger, prior to the second talaq I and my wife were intimate.

Before the third one, we both had intentions and plans to fix our marriage and sort everything out. We then got into a really heated argument which I out of anger had given the third talaq.

I need to stress this, but we both had no intentions of ending it but I don’t know what got hold of my thoughts and my body but I handed the third one because of how much rage I had in me.

After a day of that happening I’ve calmed down to realise what I’ve done and regret my actions but Allah is my witness and knows what’s in my heart and knows that I never wanted this to end. I don’t know what got a hold on me to even hand the third one but it was my rage that took over making me lose all control over my actions and thoughts.

Please can you tell me about the Talaq as I don’t want this marriage to end and only want this marriage to work.

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

Answer:

Divorce is generally given in the state of anger, so divorce is done as it is sareeh divorce, (divorce given using clear words) unless the anger has reached to insanity level, and he loses his mind of speaking and understanding.

So, your divorce is done, and your marriage has ended.

Only Allah knows best.

Written by Maulana Sibghat Ullah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham 

i Raddul Mukhtar, Book of Divorce, Divorce of the One Who Is Not in Senses. 

Fatawa Usmania, Al Asr Academy Peshawar, Part 6, Book of Divorce, Page 42,

قال ابن عابدين : والذى يظهر لى ان كلامن المدهوش والغضبان لا يلزم فيه أن يكون بحيث لايعلم ما يقول بل يكتفى فيه بغلبة الهذيان و إختلاط الجد بالهزل