Fatwa ID: 07739

 

 

Maulana Abu Saeed Miah

 

 

Question

 

 

Assalam u alaikum, peace and blessings be upon you.

 

My name is Aqib Shah and I have been dealing with mental health issues since COVID. In 2020 I was diagnosed with schizophrenia which is a long-term mental disorder that affects thought processes, perceptions, emotions and behavior. During that time I was admitted to the Hospital due to acute anxiety, panic attacks and hallucinations. I was diagnosed with this mental health condition and was prescribed medication

 

Unfortunately, my condition further worsened and I was later hospitalized in my home country for severe panic attacks. This is the background of my mental health journey. Over the years my behaviour has been difficult especially towards my wife with frequent arguments over minor things which also extended to others around me.

 

Now I have been medically diagnosed with psychosis which makes me say things at times that I don’t remember later nor do I always mean what I say.

 

My wife asked me to take our son to the doctor to which I responded inappropriately because my mental state was unstable. I fell asleep and when I woke up I was still not fully conscious and had an argument with my wife and pronounced talaq three times. I was not fully conscious and did not have any intention to say the words. I was not in a stable mental state when this happened. As this has happened previously on many different occasions. I also have been prescribed for psychosis medicines already.

 

My question is: since I was not in a stable mental state, is the talaq I pronounced valid? can I make rujoo to Allah and ask for forgiveness?

 

 

 

 

 

 

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

 

 

Answer

 

 

Wa Alaykum Assalam Wa Rahmatullah,

 

 

Talaq when suffering from psychosis 

 

 

Psychosis is when people lose some contact with reality. This might involve seeing or hearing things that other people cannot see or hear (hallucinations) and believing things that are not actually true (delusions). It may also involve confused (disordered) thinking and speaking.

 

 

Talaq comes into effect when the husband is sane and awake. In this case, where the husband is suffering from psychosis, the Talaq will not come into effect as his condition has caused him to lose some contact with reality and say things which he has had no intention of uttering, thus he is excused.

 

 

Only Allah knows best.

Written by Abu Saeed Miah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

م: (ويقع طلاق كل زوج إذا كان بالغًا عاقلًا) ش: وهذا بالإجماع م: (ولا يقع طلاق الصبي) ش: وفي ” المغني ” للحنابلة: إذا عقل الصبي الطلاق فطلق لزمه، وهو أكثر الروايات عن أحمد، واختاره أبو بكر والخرقي وابن حامد، وزعموا أن ذلك مروي عن سعيد بن المسيب وعطاء والحسن والشعبي وإسحاق وروى أبو الحارث عنه إذا عقل الطلاق جاز طلاقه ما بين العشر إلى ثنتي عشرة. وفي ” الجامع “: إذا كان الصبي مجبوبًا وفرق بينهما بالجب، يكون طلاقًا على المذهب، وإن لم يقع طلاق الصبي ومنهم من جعله فسخًا.

 

م: (والمجنون) ش: من جن الرجل وأجنه الله فهو مجنون، ولا تقل مجين، وقيل الفاصل بين المجنون والمعتوه والعاقل أن العاقل من يستقيم كلامه وأفعاله، والمجنون ضده، والمعتوه من يكون ذلك منه على السواء.

(البناية,ج5,ص298, دار الكتب العلمية)