My husband and i went through a rough patch in our marriage where he gave me talaq.
we met through a mutual friend and decided to get married, our families arranged the wedding but then arguments occurred over wedding furniture and the wedding dress between our families which lead to his family trying to break off the wedding the night before. My husband married me anyway. and at the beginning of our marriage he was very depressed about his family cutting him out of their lives. i felt like he sometimes took all his anger and frustration out on me, it really affected him mentally. i tried to be really kind and supportive but sometimes the verbal abuse and neglect became too much. i told him to be patient and his family will eventually talk to him again, he was so convinced that they would ignore him forever he was so depressed.
Alhamdulillah now his family talk to him again and everything is normal, it took a while but they got there.
i just wanted to know if that talaq was valid. i read on your website to refer to similar questions and read the answer there. that question was about talaq given in extreme anger and your answer to the person was their talaq was not valid.
my husband and i were arguing a lot during our rough patch and it got so heated we said awful things to each other. at this moment i was staying at my parent’s house and he was at our flat. we argued on the phone and it continued on text late into the night. He suddenly texted that he divorces me while we were sending heated texts. The next morning he said he couldn’t remember doing it, sending that text, and said he was extremely angry and texting very fast.
i would really like to know if this talaq was valid. i’ve researched so much on talaq during extreme anger and i keep reading that it’s invalid and that the Prophet PBUH said there us no talaq during extreme anger.
please help put my mind at ease.
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
At the outset, in order for us to issue a ruling we need to know the exact wording used to issue the talaaq.
If your husband was so angry that he had no control of his senses at that time and he was like an insane person, then the talaaq in that state will not be effective.
As the issue of talaaq is regarding Halal and Haram, your husband has to honestly and sincerely determine what his condition was at that time. He should fear Allah and be aware of the consequences. A fatwa cannot change Halal into Haram and vice versa. We advise your husband to consult a local Mufti or Alim and present the above case before him and let the Mufti or Alim determine whether he was in the category of an insane person or not.
In brief, if your husband can honestly recall the texting, then he will be considered to have been in his senses. Accordingly, in this situation the divorce will be valid.
And Allah Ta’āla Knows Best
Abdullah Ghadai
Student Darul Iftaa
Michigan, U.S.A
Checked and Approved by,
Mufti Ebrahim Desai.