Fatwa No : 83467
Talaq three times or the Talaq given in anger
Fatwa Date : Ramadan 1, 1422 / 17-11-2001
Does the Talaq become absolute by merely saying it three or more times or is there any exceptions depending on the circumstances.
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.
If one divorces his wife delivering three divorces at once in a word such as by saying: 'You are divorced thrice' or by repeating the word of divorce thrice such as 'You are divorced, you are divorced, and you are divorced’, then his wife becomes completely separated from him. He cannot bring her back to his conjugal life unless she marries another man and she consummates the marriage with him. After that, if the second husband divorces her willingly, then it is lawful for her previous husband to remarry her as a new wife fulfilling all the conditions of a valid marriage. This is the opinion of the majority of the Muslim scholars.
For more benefit, please refer to Fatwa 82330.
As for the divorce given in anger, its ruling varies based upon the condition of anger itself as the Imam Ibn al-Qayyim elaborated on this subject saying: “The divorce delivered in anger is of three kinds based upon the extremity of the fury of the person.
A) He gets angry but not so extreme. He controls himself and perceives his words and actions; the divorce of such person is valid without any objection.
B) The person gets furious and his anger is so high that he no longer has control over his mind and is no longer aware of his actions and words; no doubt the actions and words of such person are not effective Islamically.
C) The person whose condition is between these two conditions. He becomes extremely angry, but he does not reach the degree of an insane person as mentioned in the second condition, not losing his mind totally. The Muslim scholars differ concerning the ruling of such a person. However, the rulings of the Sharee’ah prove that the words of such person also are not effective.
Abu Dawood narrates from ‘Aa’ishah, may Allaah pleased with her, that the Prophet said: “There is neither divorce, nor emancipation during enclosure.”
The word “enclosure” here means that the person is no longer able to think and loses his mind.
Allah Knows best.
|Issuing divorce to end an invalid marriage takes effect as an irrevocable divorce|
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|Oral divorce is effective even if not registered later|
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