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Mental Health Struggles and the Validity of Talaaq: My Personal Experience

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I am married with a wife. I haven’t been mentally well for the past 6 months or so, however until recently haven’t been to seek medical help and see a doctor. I saw a medical doctor today due to the fact that me being unwell was having huge, detrimental impacts on major things in my life. Whilst seeing the doctor today, she gave me an rough diagnosis that I may suffer from a personality disorder as I have been suffering from severe depression, among other things such an inability to maintain stable relations due to health, episodes of extreme sadness without any external influence, cutting ties without any obvious reason for doing so, thoughts of suicide etc etc (the list goes on). As of not, I have been given a referral to a mental health team at a hospital in London and I will going to see a psychiatrist to get a formal diagnosis within the next week or so. Moreover, recently due to me being unwell I gave talaaq to my wife a total of three times, once in November and twice recently. These are not due to my full, healthy intentions but due to compromise of my judgement as a result of me being unwell. I wanted to mainly ask is this type of talaaq valid? And would you be able to provide some evidences to prove it is or is not valid. I hope Insh’Allah it wasn’t as I am very sad to have done this, but it wasn’t within my mental control to a large extent, that it took place. Please I hope you can understand that.

Bismillaah

A: The divorce is valid.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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