Fatwa ID: 06412
Answered by: Alimah Zakiratul Hoque
Question:
Hi, I’m in a complicated situation here my husband has said talaaq to me on numerous occasions. He has extreme anger issues and also takes medication to help him with that after assessment from the doctors. Everyone surrounding him has noticed his split personality and is afraid of him. He hasn’t gone back to get any diagnosis because he fears of people judging him.
I have a suspicion of a few things he could have also black magic might be involved too.
He says he suddenly feels so angry at me that he hates the sight of me. He tells himself in his head he knows I haven’t don’t anything wrong but just feels angry. Sometimes he will remember a fight we had years ago and he will just feel those same thoughts and can’t help but hate me. Once his calm he will beg for my forgiveness but it can take days at times to calm down. We think he could have bipolar disorder. My question is is my marriage valid or not I am very stressed out because of family pressure too I have children too so in a very difficult situation here.
I’ve contacted his doctors to get much help as possible but they will only help if he asks. The only way to get him help is if he gets told that for people with mental health diagnoses divorce won’t be valid only then he will get the help. At the moment because I’m still with him he isn’t taking it seriously. Both my parents have passed away too so I’m literally fighting with all my siblings here half of them won’t even talk to me I am quite lonely in this any light would be very much appreciated
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
The divorce of a person who does not have control over his mental faculties does not occur, as it is a condition of divorce that the man is sane (Badai Al Sanai, Vol 4, Pg 267 & 269). Insanity is to be in such a state that one cannot differentiate right from wrong, understand the consequences of actions, or control his words and actions (Raddul Mukhtar, Vol 4, Pg 450-451)
To determine whether one is sane, he should speak to a doctor/mental health professional and get a diagnosis. If it is a mental illness caused by black magic, one should speak to a reliable Aamil who can confirm it.
If your husband did not have control over his words when he said Talaq, the Talaq will not be valid. It would be best for him to see a psychiatrist and get a diagnosis of mental illness.
فمنها أن يكون عاقلًا حقيقة أو تقديرا فلا يقع طلاق المجنون و الصبي الذي لا يعقل لأن العقل شرط أهلية التصرف لأن به يعرف كون التصرف مصلحة و هذه التصرفات ما شرعت إلا لمصالح العباد
و منها أن لا يكون معتوهًا و لا مدهوشًا و لا مبرسمًا و لا مغميًا عليه و لا نائما فلا يقع طلاق هؤلاء لما قلنا عي المجنون
الجنون اختلال القوة المميزة بين الأمور الحسنة و القبيحة المدركة للعواقب ، بأن لا تظاهر آثارها و تتعطل أفعالها ، إما لنقصان جبل عليه دماغه في أصل الخلقة ،و إما لخروج مزاج الدماغ من الاعتدال بسبب خلط أو آفة ، و إما لاستيلاء الشيطان عليه و إلقاء الخيالات الفاسدة إليه بحيث يفرح و يفزع من غير ما يصلح سببا
Only Allah knows best.
Written by Alimah Zakiratul Hoque
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
