{"id":40642,"date":"2026-02-27T14:16:31","date_gmt":"2026-02-27T14:16:31","guid":{"rendered":"https:\/\/daruliftabirmingham.co.uk\/home\/?p=40642"},"modified":"2026-03-02T13:40:08","modified_gmt":"2026-03-02T13:40:08","slug":"divorce-pronounced-in-a-state-of-mental-instability-rage-claimed-lack-of-intention","status":"publish","type":"post","link":"https:\/\/daruliftabirmingham.co.uk\/home\/divorce-pronounced-in-a-state-of-mental-instability-rage-claimed-lack-of-intention\/","title":{"rendered":"Divorce Pronounced In A State Of Mental Instability, Rage, & Claimed Lack Of Intention"},"content":{"rendered":"

Fatwa ID: 08795<\/strong><\/span><\/p>\n

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Answered by: Maulana Abdurrahman Mohammad<\/strong><\/span><\/p>\n

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Question:<\/strong><\/span><\/p>\n

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Check validity of divorce as husband states he didn\u2019t intend to give a divorce but said those words to get away from the situation and me as he was under pressure and overwhelmed. He said \u2018I give you your divorce\u2019 three times.<\/span><\/p>\n

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For context, he has been struggling with mental health for a while. He has been prescribed medication to help with this. He has pushed his parents away and has sudden bursts of rage where he smashes things around the house and does not realise what he\u2019s doing at the time. Suspected black marriage could be involved but not sure as he never used to behave in this way. The day after this happened he clearly stated in front of both of our parents that he did not intend to divorce and was trying to get away. He says he was not aware of what it is that was actually getting said at the time. His parents have been trying to get him assessed again mentally as they believe he should be sectioned. He was heavily on medication and has been inconsistent with taking them which has negative effects on his mental state too.<\/span><\/p>\n

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In the name of Allah, the Most Gracious, the Most Merciful<\/strong><\/span><\/p>\n

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Answer:<\/strong><\/span><\/p>\n

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If he went completely insane, such that he lost awareness of his surroundings, became unable to understand or intend his words, and spoke without conscious thought or rationality, then his Tal\u0101q would not occur.<\/span><\/p>\n

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The second is that he reaches the end and does not know what he is saying or what he wants. There is no doubt that nothing he says will be implemented.[1]<\/sup><\/span><\/p>\n

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If he were somewhat in his senses that he was aware of his surroundings and able to control his speech, Tal\u0101q would occur. Based on your query, it seems that he was aware of his surroundings and aware of what he was saying. If that were the case, one revocable Tal\u0101q would take place.<\/span><\/p>\n

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If this is the third revocable Tal\u0101q, then you would need to marry someone else before the possibility of reconciliation. However, if it is the first or second Tal\u0101q, and the \u2018Iddat period has not yet concluded, your husband may take you back. If the \u2018Iddat has finished, both of you would need to go through a Tajd\u012bd An-Nik\u0101h (renewal of the marriage) with a new Mahr in order to remarry.<\/span><\/p>\n

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Remember that Tal\u0101q is a serious matter and should not be taken lightly. Words can have binding legal implications in the Shariah and result in unintended consequences. The Prophet SWS said:<\/span><\/p>\n

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There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final)[2]<\/sup><\/span><\/p>\n

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References:<\/strong><\/span><\/p>\n

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[1] \u0648\u064e\u0627\u0644\u062b\u064e\u0651\u0627\u0646\u0650\u064a \u0623\u064e\u0646\u0652 \u064a\u064e\u0628\u0652\u0644\u064f\u063a\u064e \u0627\u0644\u0646\u0650\u0651\u0647\u064e\u0627\u064a\u064e\u0629\u064e \u0641\u064e\u0644\u064e\u0627 \u064a\u064e\u0639\u0652\u0644\u064e\u0645\u064f \u0645\u064e\u0627 \u064a\u064e\u0642\u064f\u0648\u0644\u064f \u0648\u064e\u0644\u064e\u0627 \u064a\u064f\u0631\u0650\u064a\u062f\u064f\u0647\u064f\u060c \u0641\u064e\u0647\u064e\u0630\u064e\u0627 \u0644\u064e\u0627 \u0631\u064e\u064a\u0652\u0628\u064e \u0623\u064e\u0646\u064e\u0651\u0647\u064f \u0644\u064e\u0627 \u064a\u064e\u0646\u0652\u0641\u064f\u0630\u064f \u0634\u064e\u064a\u0652\u0621\u064c \u0645\u0650\u0646\u0652 \u0623\u064e\u0642\u0652\u0648\u064e\u0627\u0644\u0650\u0647\u0650.<\/span><\/p>\n

(Radd Al-Muht\u0101r, vol. 3, pg. 244, Darul Fikr Beirut)<\/span><\/p>\n

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[2] \u200f \u062b\u064e\u0644\u0627\u064e\u062b\u064c \u062c\u0650\u062f\u0651\u064f\u0647\u064f\u0646\u0651\u064e \u062c\u0650\u062f\u0651\u064c \u0648\u064e\u0647\u064e\u0632\u0652\u0644\u064f\u0647\u064f\u0646\u0651\u064e \u062c\u0650\u062f\u0651\u064c \u0627\u0644\u0646\u0651\u0650\u0643\u064e\u0627\u062d\u064f \u0648\u064e\u0627\u0644\u0637\u0651\u064e\u0644\u0627\u064e\u0642\u064f \u0648\u064e\u0627\u0644\u0631\u0651\u064e\u062c\u0652\u0639\u064e\u0629\u064f<\/span><\/p>\n

(Sunan Abi Dawud 2194, Book 13, Hadith 20)<\/span><\/p>\n

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Only Allah (\u0639\u064e\u0632\u0651\u064e \u0648\u064e \u062c\u064e\u0644\u0651\u064e) knows best.<\/span><\/p>\n

Written by Maulana Abdurrahman Mohammad<\/span><\/p>\n

Checked and approved by Mufti Mohammed Tosir Miah<\/span><\/p>\n

Darul Ifta Birmingham<\/span><\/p>\n

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Fatwa ID: 08795     Answered by: Maulana Abdurrahman Mohammad   Question:   Check validity of divorce as husband states he didn\u2019t intend to give…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[4],"tags":[],"_links":{"self":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/40642"}],"collection":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/comments?post=40642"}],"version-history":[{"count":4,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/40642\/revisions"}],"predecessor-version":[{"id":40664,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/40642\/revisions\/40664"}],"wp:attachment":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/media?parent=40642"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/categories?post=40642"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/tags?post=40642"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}