IslamQA

Talaq while high on drugs

Answered according to Hanafi Fiqh by Fatwaa.com

Assalaamualaikum
I read in one of your QandA about talaq in anger and if you are not in your senses it’s not effective.

My husband was extremely high on drugs and gave me 3 talaqs. After sending him to rehab,When he sobered up he called because he couldn’t remember giving me talaqs and couldn’t believe our marriage was over. I was told it is so I commenced iddaat but is it? if it isn’t please advise.

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

The divorces uttered whilst a person is intoxicated are valid. Therefore the three talaqs issued by your husband will take place and constitute   Talaq-e-Mughallazah (a permanently irrevocable divorce). Your Iddah has commenced from the time he uttered the words of divorce.

The reason why his divorces are valid in this case is because he lost his mind due to indulging in something which is impermissible.

And Allaah Ta’aala knows best

Wassalaam,

Ismail Moosa (Mufti)

References

طلاق السكران واقع اذا سكر من الخمر أو النبيذ وهو مذهب أصحابنا(الهندية – 1/353)

فيقع طلاق العبد والسكران بسبب محظور والكافر والمريض والمكره والهازل والمخطئ  (رد المحتار – 3/ 230)

This answer was collected from Fatwaa.com which is an excellent Q&A site managed by Mufti Ismail Moosa from South Africa. .

Find more answers indexed from: Fatwaa.com
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!