Fatwa ID: 08851

 

 

Answered by: Alimah Maryam Badshah

 

Question:

 

What is the rules on 3 talaqs in severe anger and the person is mentally inconsistent. A husband who suddenly declares the words in anger and going through some mental unstable issues. A person that states Dajjal is here in their town and says people in the Masjid are his minions. A person who has met a man he believes is from the Prophets family and follows him in everything he does. A husband who has morphed into this man.

 

 

I have statements from the husbands family and community that there is some wrong with him his personality changed, anger and how is follows this man’s commands. Please I need advice for the sake of my young children,  I have spoken over the telephone to another Mufti and he said if it was sever anger and I witnesses this then no Talaq and this is between Allah SWT and I. I am a practising Muslim and I felt the telephone conversation was so brief and I was dismissed, but I need a face to face advice. I have begged Allah SWT  everyday day cried out to Al Mujeeb, Ar Rahman Allah SWT and I have not received any negatively in my Prayers or Duas. I have gone to Umrah still not negative feelings or any dark feelings. My in laws are also worried about his thoughts and mental state and he keeps saying nothing wrong  with him we are the ones that will be sorry.

 

 

After I spoke to the Mufti my husband was fine. Then this man he follows told him go to another Mufti. All his behaviour and mental state was not not good then he met this man and his behaviour towards his parents, children, siblings and I deteriorated, because we refused to follow this man and sit in his company. The man is very eloquently spoken and educated sorry to say I and others in the community do not feel comfortable around him. I spoke to the local masjid imam he warned me stay away from him and keep your family away from him he is extreme and has argued with many people in the Masjid he is arrogant and feels he knows better than everyone.

 

 

I know 3 Talaq is a divorce are there are exceptions in extreme anger and being brainwashed/mentally not stable. There is more I need to talk face to face with my in laws present and I have statements from direct family members. Please help us Allah SWT knows best.

 

 

 

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

 

 

Answer:

 

I am sorry to hear about the unfortunate circumstances you find yourself in. May Allah (swt) grant you and your family relief from this situation. When it comes to divorce said in anger, for it to be invalid your former husband would need to have said it in such a rage that he passed into insanity, such that he was unaware of what he was saying or doing.

 

 

From the description you have given, your husband had given three divorces whilst being deceived by someone’s false preachings. If he had the ability to reason when he said the three statements of divorce, it would be valid. His belief in what this person says would be a separate matter in relation to his deen, and from the description you have given, if your former husband had the mental faculty to reason and was aware of what he was doing, he would be considered deceived but not insane. A person is not considered to be insane in divorce unless his mental capacity has been previously proven to be unstable (preferably by a medical professional), or there were witnesses to his insanity during this event.

 

 

However, as matters pertaining to divorce are of a sensitive nature and, as you have stated, there are more details that have not been mentioned in this message, it would be best to consult a local qualified scholar regarding your divorce and the circumstances surrounding it.

 

 

 

References:

 

(قَوْلُهُ وَالْمَجْنُونُ) قَالَ فِي التَّلْوِيحِ: الْجُنُونُ اخْتِلَالُ الْقُوَّةِ الْمُمَيِّزَةِ بَيْنَ الْأُمُورِ الْحَسَنَةِ وَالْقَبِيحَةِ الْمُدْرِكَةِ لِلْعَوَاقِبِ، بِأَنْ لَا تَظْهَرَ آثَارُهُ وَتَتَعَطَّلُ أَفْعَالُهَا، إمَّا لِنُقْصَانِ جَبَلٍ عَلَيْهِ دِمَاغُهُ فِي أَصْلِ الْخِلْقَةِ، وَإِمَّا لِخُرُوجِ مِزَاجِ الدِّمَاغِ عَنْ الِاعْتِدَالِ بِسَبَبِ خَلْطٍ أَوْ آفَةٍ، وَإِمَّا لِاسْتِيلَاءِ الشَّيْطَانِ عَلَيْهِ وَإِلْقَاءِ الْخَيَالَاتِ الْفَاسِدَةِ إلَيْهِ بِحَيْثُ يَفْرَحُ وَيَفْزَعُ مِنْ غَيْرِ مَا يَصْلُحُ سَبَبًا. اهـ. وَفِي الْبَحْرِ عَنْ الْخَانِيَّةِ: رَجُلٌ عَرَفَ أَنَّهُ كَانَ مَجْنُونًا فَقَالَتْ لَهُ امْرَأَتُهُ: طَلَّقْتَنِي الْبَارِحَةَ فَقَالَ: أَصَابَنِي الْجُنُونُ وَلَا يَعْرِفُ ذَلِكَ إلَّا بِقَوْلِهِ كَانَ الْقَوْلُ قَوْلَهُ.

 

Raddul Muhtār (Vol.3, pg.243, Dār Al-Fiqr)

 

إنَّهُ عَلَى ثَلَاثَةِ أَقْسَامٍ: أَحَدُهَا أَنْ يَحْصُلَ لَهُ مَبَادِئُ الْغَضَبِ بِحَيْثُ لَا يَتَغَيَّرُ عَقْلُهُ وَيَعْلَمُ مَا يَقُولُ وَيَقْصِدُهُ، وَهَذَا لَا إشْكَالَ فِيهِ. وَالثَّانِي أَنْ يَبْلُغَ النِّهَايَةَ فَلَا يَعْلَمُ مَا يَقُولُ وَلَا يُرِيدُهُ، فَهَذَا لَا رَيْبَ أَنَّهُ لَا يَنْفُذُ شَيْءٌ مِنْ أَقْوَالِهِ.

الثَّالِثُ مَنْ تَوَسَّطَ بَيْنَ الْمَرْتَبَتَيْنِ بِحَيْثُ لَمْ يَصِرْ كَالْمَجْنُونِ فَهَذَا مَحَلُّ النَّظَرِ، وَالْأَدِلَّةُ عَلَى عَدَمِ نُفُوذِ أَقْوَالِهِ.

 

Raddul Muhtār (Vol.3, pg.244, Dār Al-Fiqr)

 

 

 

Only Allah (عز و جل) knows best.

Written by Alimah Maryam Badshah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham