Fatwa ID: 03356

Answered by: Maulana Muhammad Adnan

Question

I was a few months pregnant and my husband messaged me on my mobile saying I divorce you. Later he said it was out of anger. We reconciled and he said he would never do it again. My question is did that 1 divorce count even though it was in anger.

Also if in the future he said talaq would he only have to say it two times instead of 3?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer

The jurists have categorised anger into three stages:

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 of 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 P452 V4)

In regards to your question, if the divorce was issued in extreme anger to the point of insanity then Darul Ifta advises that a professional diagnosis made and professional help is sought. If there is no diagnosis from a professional then one revocable Talaaq will occur. Your husband will have two talaqs remaining and then you will both be permanently Haram for each other.

Only Allah Knows Best

Written by Maulana Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham