IslamQA.org Logo

Is the talaq given by my husband while drunk valid?

Answered according to Hanafi Fiqh by Askimam.org

My husband gave me talaq so many times whilst he was drunk. He said ‘I give you the first talaq, second talaq n the third talaq’. He has repeated it a few more days whilst he was drunk. I told him the next day. He said he doesn’t remember. I asked one of there moulanas. He said it wasn’t accepted as he was drunk. So I stayed with him as a wife. I have heard from other people that it does get accepted as he shouldn’t be drinking alcohol as a Muslim anyway. Can you help me please.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Talaq of a drunk person is valid[1]. In the enquired case, the three talaqs are valid. As such, ‘iddah must be observed for the duration of three menstrual cycles or until child birth if pregnant. Also, it is impermissible for you to re-marry your ex-husband until halalah.[2] Check footnote for what is halalah.

And Allah Ta’āla Knows Best

Hisham Dawood

Student Darul Iftaa
Chicago, USA 

Checked and Approved by,
Mufti Ebrahim Desai.


[1]

 وطلاق السكران واقع (الهداية، فصل من يقع طلاقه ومن لا يقع)

[2] A woman who is given three divorces may not re-marry her ex-husband until she observes her ‘iddah, gets married to someone besides her first husband and consummates the marriage, gets a divorce from the second husband, and observes ‘iddah for this divorce.    

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

Find more answers indexed from: Askimam.org
Read more answers with similar topics:
Subscribe to IslamQA Weekly Newsletter

Subscribe to IslamQA Weekly Newsletter

You will receive 5 Q&A in your inbox every week



We have sent a confirmation to you. Please check the and confirm your subscription. Thank you!