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Have I Divorced My Wife?

Answered as per Shafi'i Fiqh by Seekersguidance.org

Shaykh Abdurragmaan Khan untangles doubts about a divorce pronounced in anger.

I have issued my wife with Talaq three times during a single incident.

This was following an argument where I became so angry that I wanted to strangle her but instead I picked up the kettle and swung it, dropping all the water and hitting a de-icer bottle on the work top. In the anger, I said, “Talaq, talaq, talaq.” The whole incident lasted a matter of 10-20 seconds.

This is not the first time I have lost control of my temper and almost instantly flown of the handle. On numerous previous occasions I have abused my wife, charged at her, made threats, got in her face, and been physically violent.

My family knows I have a problem with my temper and I have in the past had sessions of hypnotherapy for it with intentions of attending anger management.

I lost control of my senses and did not consider the consequences. I deeply regretted my actions that same day in what I can only describe as a moment of complete madness driven by loss of my emotions and reason.

I have three children and I would like to know if I am able to take my wife back?

Thank you for writing to us.

  1. Most divorces are issued in anger and are valid. The scholars would generally only consider a divorce issued in anger as invalid when his anger has reached such a state that he is not aware of what he is saying or doing. Thus he is similar to a madman (majnun) or legally intoxicated (gayr muta’addi bisukrihi). Based on your question, it would not seem that your anger reached such a state and you would thus be liable for your words.
  2. A valid divorce requires one to address his wife saying, “You are divorced” or “I divorce you,” emphasis on “you.” In your question, you mentioned that all you stated was, “Talaq, talaq, talaq” or “Divorce, divorce, divorce.” If it is such as you described, then the divorce was not valid and you are still married.
  3. Islam stresses respect and honor of women. Being abusive to one’s spouse under the pretext of having anger problems is not an excuse. I strongly suggest that you go for anger management or counseling sessions.

May Allah protect us all, Amin.

Abdurragmaan Khan

Checked and approved by Shaykh Faraz Rabbani.

This answer was collected from Seekersguidance.org. It’s an online learning platform overseen by Sheikh Faraz Rabbani. All courses are free. They also have in-person classes in Canada.

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