Fatwa ID: 06779
Answered by: Maulana Abdul Malik
Question:
Me and my husband had got into an extremely heated argument, my husband became extremely angry lost his mind and started hitting me and breaking things. He was like an insane madman, didn’t know what he was doing or saying, and he said he couldn’t remember what he was saying or doing he got out of his mind, was shouting and screaming went completely crazy and then said I divorce you or I am going to divorce you twice, can you explain is this divorce counted or not
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
When a person says words of divorce to his wife out of anger, the outcome will rely on the intensity of the anger and how it affects the individual’s mental condition.
When someone is angry but still in control of his sanity and cognizant of what he is saying and doing. If he uttered words of divorce during this state it will take effect. However, if the anger is so intense it causes the person to lose his sanity and be unaware of his words and actions. Words of divorce uttered in this state will not be considered. (Raddul Muhtar, pg 452, vol 4)[1]
In addition, declaring that you will divorce your wife in the future is only a promise and won’t actually result in the divorce. (Fatawa Hindiyyah, pg 396, vol 1)[2]
Therefore, divorce will come into effect if your husband utters words of divorce when he is angry and fully conscious of what he is saying and doing. The words of divorce will not be taken into consideration if he uttered them while in a state of severe anger that caused him to lose his mind and become unaware of his words and actions. This is on the condition that he used the words, “I divorce you” If he used the words, “I will divorce you” this will be considered a promise and divorce will not come into effect. However, he should refrain from making such threats and promises.
Abu Huraira (May Allah be pleased with him) narrated: The Messenger of Allah (ﷺ) said: “There are three matters in which seriousness is serious and joking is serious: marriage, divorce and taking back (one’s wife). ” (Sunan Ibn Majah, hadith # 2039)[3]
In light of the above, if the divorce came into effect, you are no longer lawful for each other and it’s necessary to separate from each other. However, if the divorce did not come into effect. It is crucial for your husband to control his anger and be extremely careful when using words of divorce.
[1] وللحافظ ابن القيم الحنبلي رسالة في طلاق الغضبان قال فيها : إنه على ثلاثة أقسام : أحدها أن يحصل له مبادئ الغضب بحيث لا يتغير عقله ويعلم ما يقول ويقصده ، وهذا لا إشكال فيه .
والثاني أن يبلغ النهاية فلا يعلم ما يقول ولا يريده ، فهذا لا ريب أنه لا ينفذ شيء من أقواله .
الثالث من توسط بين المرتبتين بحيث لم يصر كالمجنون فهذا محل النظر ، والأدلة على عدم نفوذ أقواله
[2] في الْمُحِيطِ لو قال بِالْعَرَبِيَّةِ أُطَلِّقُ لَا يَكُونُ طَلَاقًا إلَّا إذَا غَلَبَ اسْتِعْمَالُهُ لِلْحَالِ فَيَكُونُ طَلَاقًا
[3] عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ “ ثَلاَثٌ جِدُّهُنَّ جِدٌّ وَهَزْلُهُنَّ جِدٌّ النِّكَاحُ وَالطَّلاَقُ وَالرَّجْعَةُ
Only Allah (عز و جل) knows best.
Written by Maulana Abdul Malik
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
