Husband Said Divorce Many Times while Angry
Fatwa No: 455761

Question

Aslaam walikum My question is my friends husband has said talaq a few time and also in english. She believes he has divorced her but the husband says it wasn't. He has said it 3 times even more out of anger when it wasn't my friends fault he wanted her money please can u advice as she believes she is divorced and he doesn't

Answer

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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

The issuance of divorce while being in a state of anger is not a valid legal impediment to the effectiveness of divorce. In fact, divorce is mostly issued while a husband is in a state of anger.

Some jurists held that the ruling on the effectiveness of such divorce differs according to the level of anger. You did not clarify to us the husband’s state and level of anger while issuing the divorce to be able to specify the Sharee’ah ruling accordingly. We would like to advise the husband to consult a reliable local scholar and relate to him the exact state (and level of anger) when the divorce was issued to be able to clarify the religious ruling accordingly and determine whether his wife has been irrevocably divorced or not.

Lastly, we would like to highlight two points:

First, a husband should beware of issuing divorce in a state of anger and should make divorce the last resort rather than perceiving it as a solution to resolve marital problems. Instead, he is enjoined to adhere to patience and wisely address the situation, for divorce often begets regret.
Second, it is impermissible for a husband to take anything from his wife’s wealth without her permission and consent. The Prophet, sallallahu ‘alayhi wa sallam, said: “It is unlawful to take a person’s property without his (or her) consent.

For more benefit on divorce given in anger, please refer to Fataawa 220696, 243088, 245707, 322960, 388225, 395773, 121374, 126164 and 245707.

Allah knows best.

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