{"id":5146,"date":"2013-05-21T16:24:56","date_gmt":"2013-05-21T16:24:56","guid":{"rendered":"http:\/\/daruliftabirmingham.co.uk\/?p=5113"},"modified":"2013-05-21T16:24:56","modified_gmt":"2013-05-21T16:24:56","slug":"talaq-in-the-state-of-intoxication","status":"publish","type":"post","link":"https:\/\/daruliftabirmingham.co.uk\/home\/talaq-in-the-state-of-intoxication\/","title":{"rendered":"Talaq in the state of intoxication"},"content":{"rendered":"

\n\tFatwa ID: 01248<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tAnswered by<\/strong> Mufti <\/span><\/span>Mohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

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

\n\tMy husband said talaq 3 times in anger and he is saying he wasn’t in josh. He said he had drugs. So I don’t know if the divorce is valid.<\/span><\/span><\/span>\n<\/p>\n

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

\n\t\"Bismillah\"<\/span><\/a><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\t \n<\/p>\n

\n\tIn the name of Allah, the most Beneficent, the most Merciful.<\/span><\/span><\/span>\n<\/p>\n

\n\tThere are two issues, which needs to be clarified.<\/span><\/span><\/span>\n<\/p>\n

    \n
  1. \n\t\tThree divorces or talaqs.<\/span><\/span><\/span>\n\t<\/li>\n
  2. \n\t\tIssuing the talaq in the state of intoxication like alcohol and drugs.<\/span><\/span><\/span>\n\t<\/li>\n<\/ol>\n

    \n\tIf a person pronounced three divorces at once in any way then three divorces will occur. This can be proven through the following Hadeeths:<\/span><\/span><\/span>\n<\/p>\n

    \n\tSayyida A’isha [rahinaha] reports that: A man pronounced three divorces to his wife. She (after her iddah) married another man. The Messenger of Allah was asked whether it was lawful for her to return to the first husband. He said: “Not until they have sexual intercourse.” (Sahih Bukhari)<\/span><\/span><\/span>\n<\/p>\n

    \n\tSayyiduna Hasan ibn Ali \"ra\u1e0dyAll\u0101hu said (in a long Hadith, after divorcing his wife): “Had I not heard my father (Ali) narrating from my grandfather The Prophet of Allah \"\u1e63allall\u0101hu say: “when a man pronounces three divorces, then his wife will no longer remain lawful for him, unless she marries another man”, I would have taken my wife back.” (Sunan Baihaqi)<\/span><\/span><\/span>\n<\/p>\n

    \n\tWith regards to the second issue, irrespective of whether the husband is in the state of intoxication or not, talaq will occur.<\/span><\/span><\/span>\n<\/p>\n

    \n\tIbn Abideen Shami [rahinahu] has said, “The ruling is that if a person is intoxicated by using unlawful means, then he is not absolved of responsibility, and the rulings will apply to him.”<\/span><\/span><\/span>\n<\/p>\n

    \n\tIn another place he says, “If his sanity is affected by a headache or with any lawful thing, then talaq in that state will not be effected.” (Raddul Muhtar p.444 v.4)<\/span><\/span><\/span>\n<\/p>\n

    \n\tThe conclusion we can come to is that three talaqs would occur in the aforementioned scenario. <\/span><\/span><\/span>\n<\/p>\n

    \n\tOnly Allah Knows Best<\/span><\/span><\/span>\n<\/p>\n

    \n\tMohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

    \n\tDarul Ifta Birmingham.<\/span><\/span><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

    Fatwa ID: 01248 Answered by Mufti Mohammed Tosir Miah Question: My husband said talaq 3 times in anger and he is saying he wasn’t in…<\/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\/5146"}],"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=5146"}],"version-history":[{"count":0,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/5146\/revisions"}],"wp:attachment":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/media?parent=5146"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/categories?post=5146"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/tags?post=5146"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}