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I divorce you 5 times…

Answered according to Hanafi Fiqh by DarulUloomTT.net

Comments:

Assalaamu ‘alaikum

I have a question about a situation with a brother and sister and it requires professional Islamic knowledge. Please assist if you can quickly InshaAllah! Its urgent A brother told his wife out of frustration and being so drunk – I divorce you 5 times… and when he caught himself, he realised he didn’t know what he did so he begged Allah to forgive him and he continues to repent but his wife feels as though they aren’t married any more. Her brother-in-law told them that he should repent but didn’t say if they are still married. She’s doesn’t have any family who are Muslims besides her sister and her sister’s in-laws. Are they still married? he doesn’t do it any more – the drinking and all the bad stuff but he fears that what he did which he didn’t want to do, that they may need to remarry.

Answer:

Wa Alaikum as Salaam,

There are two issues involved in this case. The first is that of giving divorce in an intoxicated or drunk state, and the other is that of issuing 5 divorces at one time.

With respect to the first matter, the scholars and jurists have clearly stated that divorce given in an intoxicated state will take effect. This means that if a drunk person gives his wife divorce, then it will occur. Hence, the divorce given by the drunk brother will take place. In the famous book of Islamic Jurisprudence, Raddul Mukhtaar, it states, ‘The ruling is that if a person is intoxicated by using haram (unlawful) means, then he is not absolved of responsibility, and the rulings will apply to him. His words and dealings in Talaq (divorce), I’taaq (emancipating slaves) and business transactions, will be binding’ (vol. 2 pg. 582).

With respect to the other matter in which he said to his wife, ‘I divorce you 5 times’, then three divorces will take effect from his utterence. This is clearly established in the books of Islamic Jurisprudence.

As such, three divorces have occurred upon the wife, and it will not be permissible for both of them to live in a marital relationship at present. It is also not allowed for both to re-marry each other immediately. According to the laws given in the Shariah, the wife who has been divorced with three divorces will continue to be haram for the husband until she marries another person in a new marriage contract after completing the iddah (waiting period) from the three divorces. In this case, she will live in this new marriage as a normal wife. If/when this husband gives her a divorce, then after completing her iddah (waiting period of this divorce) she will be allowed to remarry the first husband.

So, the status of the person’s marriage at present is that he is divorced from his wife, and three divorces have occurred. Both of them are not allowed to live as husband and wife until they fulfill the requirements of the shariah which have been mentioned above. (Raddul Muhtar vol.2 pg. 618) ( Fatawa Mahmoodiya vol.12 pgs.470-471).

And Allah knows best,

Mufti Waseem Khan.

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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