Salams, does my divorce count, my husband was told some lies about me .which made him very angry.my father in law called my father to meet him. my father went to meet my father in law and my father in law rang my husband (even though he knew he was in no fit state to talk) and made him say talaq (he said it 6 times) does it count. i was in my menstrual period. and there has been a lot of black magic done to us. 

In the name of Allah, the most Beneficent, the most Merciful.

Answer

There are three categories of anger:

1. The initial stage of anger where one’s mind is sound and fully in control of what one is saying. In such a case talaq will occur without any doubt.
2. Extreme anger to the point of insanity, where one is unaware where he is or what he is saying. In such a case talaq will not occur.
3. Finally that stage which is between the above two stages in that one was extremely angry but not to the point of insanity, and was aware of what one was saying. In this case also, talaq will also occur. (Raddul Muhtar p.452 v.4)

With regards to your question, if the black magic was so severe that a person became insane and mad then on the basis of insanity talaq will not occur. (Raddul Muhtar p.451 v.4) However, if the person’s state was not so severe then talaq will occur. (Raddul Muhtar p.438 v.4)

However in circumstances where it is claimed that a person lost his sanity or black magic has been done upon him, it is necessary that the person has previous medical history of insanity or has been diagnosed by the doctor of being of unstable mind, or has two male witnesses or one male and two female witnesses testifying that on that occasion the person indeed lost his sanity due to the black magic. (Raddul Muhtar p.452 v. 4)

With regards to your question, unless it could be proven that your husband was in an insane state due to black magic at the time of saying the talaq, three talaqs will occur. It is not necessary for talaq to be given in the presence of the wife for it to occur. (Aapke Masail p.223 v.5) Finally, with regards to divorce in the state of haidh or nifas, the same way three talaqs in one sitting is unlawful and sinful but if he does so, the talaq is valid and comes into effect, the same can be said regarding talaq in the state of haidh or nifas. (Fatawa Hindiyyah p.349 v.1)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham