Fatwa ID: 06917

Answered by: Maulana Abdul Malik

Question:

If a man suffers from extreme anger issues where any little thing could trigger his mood, and he goes in to a rage over anything. Family think he may have some form of mental health problems. (Undiagnosed).

If he divorces his wife by saying talaaq to her. Does it still count as a divorce, even though he knows what talaaq is, at his moment of anger he loses it he can’t control himself and talks and talks erratically swearing shouting raging screaming. This is more than anger in my opinion.  So the question again is if his behaviour is irrational would his using the words talaaq to his wife still stand, he can’t remember saying them or how many times he said it. He usually forgets things he has said.

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 that it caused the person to lose his sanity and he unaware of his words and actions. Words of divorce uttered in this state will not be considered. (Raddul Muhtar, pg 452, vol 4)[1]

Therefore, if your husband uttered these words of divorce while not being cognizant of what he was saying and with no control over his sanity those divorce will not occur.

[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

Only Allah (عز و جل) knows best.

Written by: Maulana Abdul Malik.

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham