Three Talaqs Whilst Being on Drugs

CategoriesDivorce [570]

Fatwa ID: 05250

 

Answered by: Mufti Eunus Ali 

 

Question

 

I have had a very rocky marriage my marriage has been consumed by alcohol and drugs cocaine when my husband did these he would verbally abuse me when he was normal he could be kind I bent over backwards for him but the mother did not like the fact she could not control him and control me Islam says a mother comes first yet I respect this as I would never put my husband in a situation where he had to choose but I feel like my every move was monitored lies were made about me all of a sudden my husband got it in to he’s head that I’ve cheated on him which I would never do as its a grave sin to commit adultery I tried my best reassuring him took time off work as my husband was getting along with me again the family did not like it next I was being accused of stealing money from my husband because he’s brother had got it confirmed from a pir I have taken it I swore I would touch the Quran but my husband chose to believe he’s brother what happened next is he came whilst being high on coke and drink and said talaq 3 times in one sitting my parents tried to stop him Allah knows I have been a good ride to him loved regardless what I don’t understand is why he hates me so much and loves me so much at the same time I tried my best to make this marriage work even tho I know he has hurt me a lot sad to say I want my husband back well my heart is telling me does this count as divorce I was pregnant due to the stress of this all I suffered a miscarriage it was my first pregnancy

 

 

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

 

Answer

 

When the husband issues his wife three explicit talaqs, whether it be on three separate occasions or in one go, their marriage will terminate immediately and it will not be permissible for the couple to reconcile the marriage or remarry until the wife after completing her waiting period marries a second person and consummates the marriage with him; thereafter the second husband either divorces her or dies. Then only after completing her waiting period (from the second husband), the wife is allowed to re-marry the first husband. This process is termed halalah.[1]

 

After a divorce is issued it is necessary to observe the waiting period (iddah). The waiting period (iddah) for a pregnant woman will terminate with the birth of the child. Thereafter, it will be permissible for her to marry elsewhere.[2]

 

In regards to your question as the husband issued the three talaqs they will be valid and take effect. Therefore it will not be permissible to reconcile the marriage without completing the process of halalah as mentioned above.

 

Furthermore, if the talaq were issued during the pregnancy, the iddah would have been completed with the miscarriage. However, if it was issued after that then the iddah will be the three-month period.

 

 

Only Allah knows best

Written by Mufti Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

[1] Al-Lubab Fi Sharhil Kitab, Page 457, Al-Maktabatul Umariyyah

[2] Fatawa Hindiyyah, Volume 1, Page 554, Darul Kutubul Ilmiyyah

 

 

 

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