Divorce Uttered While Not in One’s Senses

CategoriesDivorce [617]

Fatwa ID: 06050

 

Answered by: Maulana Muhammad Asadullah Anwar Adam

 

Question:

 

Unfortunately. A few days ago I said to my wife 3 times that I give her talaq in extreme anger situations. Let me explain my mental state. I wouldn’t say that I was completely insane as that was not the case but I was close. I was so angry that I have not been that angry in years or probably ever. I was so angry that my head was spinning, and I was shouting so loud that I developed a sore throat. I knew I was talking to my wife and knew what I was saying but couldn’t control what I was saying. I didn’t realize that my kids got scared, ran to the room and were hiding under a blanket. As soon as I came to my senses I regretted saying what I said. I wasn’t under the influence of any drugs and I have no mental condition.

 

This isn’t the first occasion when I said verbal talaq to my wife, roughly 8 and 9 years ago I said verbal talaq to her on two different occasions. At that time I said it was a heated argument. My wife demanded me to divorce I was forced to say (I divorce you) 3 times verbally. I didn’t mean it and had no intention of divorcing her. The only reason I said was to end a heated argument and out of fear because I thought my wife would hurt herself or call 911 (police) (she had threatened me to do that on occasions). I was new in the USA at that time on a work visa and of course, being a Muslim didn’t want any trouble with authorities whatsoever. Both times we reconciled. Just to put things in context my wife has a medical condition where she isn’t able to control her emotions, especially anger and says things which she didn’t really mean (while not angry) and sometimes I say things just to end the argument.

 

 

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

 

Answer:

 

Talaq that is uttered by a husband occurs when the husband is sane and mature. Talaq that is uttered by a child, by one who is not in his senses, or by one who is sleeping does not occur. [1]

 

In your case, Talaq would not occur, In Sha Allah.

 

 

Only Allah knows best

Written by Maulana Muhammad Asadullah Anwar Adam

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

 

[1] Hidayah, page 140 , volume 3 , Maktabul Bushra Print

{و يقع طلاق كل زوج اذا كان عاقلا بالغا, و لا يقع طلاق الصبي و المجنون و النائم}

 

 

 

 

About the author