Fatwa ID: 08795

Answered by: Maulana Abdurrahman Mohammad

Question:

Check validity of divorce as husband states he didn’t intend to give a divorce but said those words to get away from the situation and me as he was under pressure and overwhelmed. He said ‘I give you your divorce’ three times.

For context, he has been struggling with mental health for a while. He has been prescribed medication to help with this. He has pushed his parents away and has sudden bursts of rage where he smashes things around the house and does not realise what he’s doing at the time. Suspected black marriage could be involved but not sure as he never used to behave in this way. The day after this happened he clearly stated in front of both of our parents that he did not intend to divorce and was trying to get away. He says he was not aware of what it is that was actually getting said at the time. His parents have been trying to get him assessed again mentally as they believe he should be sectioned. He was heavily on medication and has been inconsistent with taking them which has negative effects on his mental state too.

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

Answer:

If he went completely insane, such that he lost awareness of his surroundings, became unable to understand or intend his words, and spoke without conscious thought or rationality, then his Talāq would not occur.

The second is that he reaches the end and does not know what he is saying or what he wants. There is no doubt that nothing he says will be implemented.^[1]

If he were somewhat in his senses that he was aware of his surroundings and able to control his speech, Talāq would occur. Based on your query, it seems that he was aware of his surroundings and aware of what he was saying. If that were the case, one revocable Talāq would take place.

If this is the third revocable Talāq, then you would need to marry someone else before the possibility of reconciliation. However, if it is the first or second Talāq, and the ‘Iddat period has not yet concluded, your husband may take you back. If the ‘Iddat has finished, both of you would need to go through a Tajdīd An-Nikāh (renewal of the marriage) with a new Mahr in order to remarry.

Remember that Talāq is a serious matter and should not be taken lightly. Words can have binding legal implications in the Shariah and result in unintended consequences. The Prophet SWS said:

There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final)^[2]

References:

[3] وَالثَّانِي أَنْ يَبْلُغَ النِّهَايَةَ فَلَا يَعْلَمُ مَا يَقُولُ وَلَا يُرِيدُهُ، فَهَذَا لَا رَيْبَ أَنَّهُ لَا يَنْفُذُ شَيْءٌ مِنْ أَقْوَالِهِ.

(Radd Al-Muhtār, vol. 3, pg. 244, Darul Fikr Beirut)

[6] ‏ ثَلاَثٌ جِدُّهُنَّ جِدٌّ وَهَزْلُهُنَّ جِدٌّ النِّكَاحُ وَالطَّلاَقُ وَالرَّجْعَةُ

(Sunan Abi Dawud 2194, Book 13, Hadith 20)

Only Allah (عَزَّ وَ جَلَّ) knows best.

Written by Maulana Abdurrahman Mohammad

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham