Fatwa ID: 08863

Answered by : Maulana Kawsar Ahmed

Question:

My daughter married in Pakistan and  has been living in the uk after living 10 months with her in laws in Pakistank. She was not happy with her inl aws and her husband who she learned (after marriage) uses drugs. The couple”s relationship has not been harmonious, and further deteriorated when he accused his wife of adultery. However because of adult intervention ,the couple reconciled.

This peace did not last long and recently in heated conversations he texted about divorce 3 times, which he then denied & deleted from his whatsapp messages.  My daughter believes he has divorced her and now refuses it. Now the question is how she should proceed as he was intoxicated because of the drugs .

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

Answer:

If the brother is admitting that he did give issue the Talaq (divorce) but he was under the influence of narcotics, then even in this situation, the divorce will be effective.[1]

Also, it is important, that if possible, your daughter retains some sort of evidence for as proof of this claim of hers, which may be useful in the future.

References:

[1] أَجْمَعُوا أَنَّهُ لَوْ سَكِرَ مِنْ الْبَنْجِ أَوْ لَبَنِ الرِّمَاكِ وَنَحْوِهِ لَا يَقَعُ طَلَاقُهُ وَعَتَاقُهُ كَذَا فِي التَّهْذِيبِ. وَمَنْ سَكِرَ مِنْ الْبَنْجِ يَقَعُ طَلَاقُهُ وَيُحَدُّ لِفَشْوِ هَذَا الْفِعْلِ بَيْنَ النَّاسِ وَعَلَيْهِ الْفَتْوَى فِي زَمَانِنَا كَذَا فِي جَوَاهِرِ الْأَخْلَاطِيِّ.

ص353 – كتاب الفتاوى العالمكيرية الفتاوى الهندية – فصل فيمن يقع طلاقه وفيمن لا يقع طلاقه – المكتبة الشاملة

Only Allah knows best.

Written by Maulana Kawsar Ahmed

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham