Category: Divorce (Talaaq)
Fatwa#: 41490
Asked Country: Pakistan

Answered Date: Jan 08,2019

Title: 3 Talaq in anger

Question

Assa’laamu’ Alei’kum Wa Rehh’ma’tullaah.

 

SUBJECT:  A husband and a wife have 10 years of married life with four kids. The husband has already used two revocable divorces to his wife (one in 2013, the other in 2016). Now one day, due to a continuous exchange of verbal abuse with his wife, the husband’s anger increased to such an extreme that he became temporarily but partially insane (where his thinking and analyzing mental ability became partially defective). In this state, he uncontrollably uttered the words of Talaq (Divorce) to his wife three times, without considering what is he uttering and what are the implications of those words. Now kindly guide from the teachings of Islam that does Islam considers Talaq (Divorce) effective if it is given in such a partially insane and uncontrollable mental condition caused by extreme anger (in which a man loses his normal mental abilities)?

 DETAILS:  A Muslim husband and his wife have been living married life for nearly 10 years with 4 kids. The husband has already used two revocable divorces to his wife (one in 2013, the other in 2016). One day, the husband comes to home from his office in a state of mental distress (due to some office related issue) to pick some documents. When he starts to leave the house, his wife, owing to a misconception based on her negative thinking, uttered the words “Get Lost” against him, and walked to the terrace of the house. The husband, who was already very distressed, heard these words from behind and felt really strong anger. He returned back and angrily asked her wife that to whom those words of Get Lost dis she uttered and why?. The wife replied that it is merely your ear Tinnitus. This raised the anger of the husband to a higher level. He asked then with greater anger why did she uttered those words, and to whom? Then she replied, “Yes, I have uttered these words, and have uttered to you”. This raised the anger of the husband even to a further higher level, and becoming made with anger he started abusing his wife with his loudest sound. In response, the wife also started abusing his husband. This further raised his anger and the level and intensity of his abuses. At this moment, the husband was in the compound of the house while the wife was standing on the terrace. Her voice started reaching around the street. The husband repeatedly said to him to come inside the house but she did not come inside the house and continued to reply the abuses right from the terrace. This further raged the husband. He went to the terrace and pulled angrily his wife by holding her arm into the home and asked her with great anger “after all why have you uttered those words of Get Lost? I have done nothing wrong with you? Tell me the reason why have you uttered those words to me?”. In the mean while the wife got free from the husband’s hands and went again to the terrace and started replying to him from there. Outside the house, in the street, labour was working. The feeling that those workers are watching all this drama, stormed the husband’s anger further. This further increased the exchange of loud abuses from the two sides, especially from the husband side. His anger was now touching the sky.  He said to his wife to leave the terrace and come inside the house. But she refused and said I would gather all neighbors in the street and would make them watch the drama. This blew the husband’s mind with anger. He tried to search the name of his elder brother from his mobile but, due to being out of mental order, failed (because due to extreme anger he could not recall the first letter of his elder brother’s name and his mind could not support him to remember how to search the name).  In the meantime, during the hottest exchange of severe abuses, the wife uttered such an inappropriate allegation and harsh words about his sister that the husband’s anger crossed its extreme limits. This extreme anger his mind was blown, body started shivering and the eyes turned fading and foggy. At this stage, becoming mad and partially insane with extreme anger, the husband uttered the words of Talaq (divorce) three times to his wife without thinking what is he saying and what are its implications. After a few minutes later, when he returned to his normal state, only then he realized what he had uttered, and what was their meaning and what are their implications. Now the question is, does Islam considers Talaq effective if it is given in such a partially insane and uncontrollable mental condition caused by extreme anger (in which a man partially loses his normal mental abilities)?

 

Answer

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

The incident in reference in unfortunate. The wife should not have provoked the husband. The husband should have walked away from the situation and address the issue later. Nevertheless, talaq issued in a state of insanity (Junoon) is invalid. The challenge in this situation is to determine whether the anger of the husband reached the state of insanity or not. If the husband became totally oblivious of his condition and he does not recall issuing his wife the divorces, then he will be regarded as being insane at that time.[i]

In your query, you state when he returned to his normal state, only then he realized what he had uttered. If he had realized this by himself, then it appears that he was aware what he was saying at that time. Accordingly, he will not be classified as being insane. And the talaq will be valid.

Remember, nikah and talaq is about halal and haram. Whoever faces such a situation should honestly present his case to a local Mufti and obtain a ruling on his situation. A fatwa alone cannot make halal into haram and vice versa. The individual facing the situation should fear Allah and be honest in presenting his situation.

 

And Allah Ta‘āla Knows Best

Mehrazur Rahman

Student Darul Iftaa      

Brooklyn, NY, USA

Checked and Approved by,
Mufti Ebrahim Desai.

 


[i] (الدر المختار وحاشية ابن عابدين، ج ٣، ص ٢٤٤)

وَلِلْحَافِظِ ابْنِ الْقَيِّمِ الْحَنْبَلِيِّ رِسَالَةٌ فِي طَلَاقِ الْغَضْبَانِ قَالَ فِيهَا: 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. اهـ. مُلَخَّصًا مِنْ شَرْحِ الْغَايَةِ الْحَنْبَلِيَّةِ، لَكِنْ أَشَارَ فِي الْغَايَةِ إلَى مُخَالَفَتِهِ فِي الثَّالِثِ حَيْثُ قَالَ: وَيَقَعُ الطَّلَاقُ مِنْ غَضَبٍ خِلَافًا لِابْنِ الْقَيِّمِ اهـ وَهَذَا الْمُوَافِقُ عِنْدَنَا لِمَا مَرَّ فِي الْمَدْهُوشِ، لَكِنْ يَرِدُ عَلَيْهِ أَنَّا لَمْ نَعْتَبِرْ أَقْوَالَ الْمَعْتُوهِ مَعَ أَنَّهُ لَا يَلْزَمُ فِيهِ أَنْ يَصِلَ إلَى حَالَةٍ لَا يَعْلَمُ فِيهَا مَا يَقُولُ وَلَا يُرِيدُهُ وَقَدْ يُجَابُ بِأَنَّ الْمَعْتُوهَ لَمَّا كَانَ مُسْتَمِرًّا عَلَى حَالَةٍ وَاحِدَةٍ يُمْكِنُ ضَبْطُهَا اُعْتُبِرَتْ فِيهِ وَاكْتُفِيَ فِيهِ بِمُجَرَّدِ نَقْصِ الْعَقْلِ، بِخِلَافِ الْغَضَبِ فَإِنَّهُ عَارِضٌ فِي بَعْضِ الْأَحْوَالِ، لَكِنْ يَرِدُ عَلَيْهِ الدَّهَشُ فَإِنَّهُ كَذَلِكَ. وَاَلَّذِي يَظْهَرُ لِي أَنَّ كُلًّا مِنْ الْمَدْهُوشِ وَالْغَضْبَانِ لَا يَلْزَمُ فِيهِ أَنْ يَكُونَ بِحَيْثُ لَا يَعْلَمُ مَا يَقُولُ بَلْ يُكْتَفَى فِيهِ بِغَلَبَةِ الْهَذَيَانِ وَاخْتِلَاطِ الْجَدِّ بِالْهَزْلِ كَمَا هُوَ الْمُفْتَى بِهِ فِي السَّكْرَانِ عَلَى مَا مَرَّ

 

 

(تنقيح الفتاوى الحامدية، ج ١، ص ٢٧٢)

الدَّهَشُ هُوَ ذَهَابُ الْعَقْلِ مِنْ ذَهْلٍ أَوْ وَلَهٍ وَقَدْ صَرَّحَ فِي التَّنْوِيرِ والتتارخانية وَغَيْرِهِمَا بِعَدَمِ وُقُوعِ طَلَاقِ الْمَدْهُوشِ فَعَلَى هَذَا حَيْثُ حَصَلَ لِلرَّجُلِ دَهَشٌ زَالَ بِهِ عَقْلُهُ وَصَارَ لَا شُعُورَ لَهُ لَا يَقَعُ طَلَاقُهُ وَالْقَوْلُ قَوْلُهُ بِيَمِينِهِ إنْ عُرِفَ مِنْهُ الدَّهَشُ وَإِنْ لَمْ يُعْرَفْ مِنْهُ لَا يُقْبَلُ قَوْلُهُ قَضَاءً إلَّا بِبَيِّنَةٍ كَمَا صَرَّحَ بِذَلِكَ عُلَمَاءُ الْحَنَفِيَّةِ رَحِمَهُمْ اللَّهُ تَعَالَى.

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