My husband divorced me 2 years ago by saying I divorce you three times whilst heavily under the influence of drugs. It was clear to me that he was not in his right mental state. he divorced me again last year same way and he was in the same condition. After getting some advice we came to the understanding that both of them divorces did not class as any divorce. Then last month in a state of extreme anger with no drugs in his system he I divorce you three times after being physically being distressed. Does this divorce stand or does it count as a first divorce with the option of him taking me back?
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, is His slave and Messenger.
You mentioned about your husband that he issued divorce in the first two cases while he was under the influence of drugs, and that he issued it in the third case while he was in a state of intense anger.
As for the first two cases, there is a difference of opinion among the scholars regarding the ruling on the divorce given in the state of drunkenness, and the preponderant view we adopt is that if he was aware of what he said, the divorce has taken place, and if he was not aware of what he said, the divorce didn't take place.
Concerning the third case, there is also a difference of opinion regarding the ruling on divorce delivered in the state of severe anger, the view that we see as preponderant is that the divorce takes place if he aware of what he says, otherwise the divorce does not take place.
The majority of the scholars are of the view that the threefold divorce in one expression takes place three times. Some of them are of the view that it counts only one divorce.
And since there is a difference of opinion among the jurists regarding the aforementioned issues, and because your husband knows better about his condition when issued the divorce, it is better for him to refer his case to any Islamic Center in order to look into the circumstances and get a more specific Fatwa.
We point out the importance of advising your husband kindly regarding drug use and the seriousness of this matter, and explaining its bad consequences in this world and the Hereafter. Supplicate Allah Almighty for his guidance and repentance.
We ask Allah Almighty to bless him with piety and righteousness, for He is All-Hearing and responds to the invocation of the supplicant.
Allah knows best.