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My husband had been drinking came home smashed a door down, he came into the room i was in, and said there are two witnessess (my father and brother) i’m going to divorce you. And said ‘i divorce you, i divorce you, i divorce you…

Answered according to Hanafi Fiqh by Askimam.org

My husband had been drinking came home smashed a door down, threw me about the room and called the police, when he realised I’d called my father, in fear of my father arguing with him. The police came and arrested him, he came into the room i was in, and said there are two witnessess (my father and brother) i’m going to divorce you. And said ‘i divorce you, i divorce you, i divorce you, and left with the police. He later admits he was under the influence of alcohol, afraid my father (who he respected very muvh and vice versa), was going to come in and hit him..

then to be arrested by the police in front of me and my family, completely made him lose his senses…i.e. not knowing what he was doing at all. After contacting the Shari’ah council in london, we were told that the divorce was not valid, and we can live as husband and wife Islamically.

A member of my family contacted our local Imam, who said the divorce is valid. The dilemma is who’s word do we go by. Please, please help, we want  to do the right thing. 

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

At the outset, we wish to clarify that the ruling hereunder is based on the question you have submitted. If the situation is different from what you have described, the could be a difference in the ruling.

If your husband has issued you three divorces while being under the influence of alcohol, the divorces issued are valid. Your Nikah with him has been permanently terminated and you cannot marry him until after the Halaalah process is carried out. You must sit in Iddah, three menstrual cycles if you experience menses or three months if you do not experience menses or child birth if you have conceived.

And Allah knows best

Wassalam

Muhammed Zakariyya Desai,

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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