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Issuing talaaq while under the influence of drugs

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My husband has been on drugs for 2 years. During this time I had left our marital home and returned four times. The fourth time which is currently I have been away for more than a year. He has been abusive towards me, physically, verbally and emotionally. I’m may 2013 I was granted a fasag by a certain sheik, but then I was told it was not valid. I returned home to my husband. Five months later I left again due to his drug use and abuse. Even during our separation he was abusive he came to my work and caused scenes and damaged work property. I then went to a moulana in grassy park and he went to my husband and he granted me a talaq my Iddah was to end on the 15 december 2015. During this time my husband denied the fact that he was on drugs. He started working again picked himself up and I believed he was clean. During this time I broke my Iddah. He was then abusive towards me and then I suspected he is still using drugs, still had no proof and was not sure because he looked decent was working and had a car. But because of the abusive behaviour I still refused to return to our home. I also refused to live with my in laws. We were looking for a place to stay on our own and this also made me believe his clean because if he is using drugs he would not be able to afford a place of our own, but as time passed he said he can’t afford it any longer. He then gave my mother a written talaq to give to me as he was angry because I refused to return home. I did not take this serious as he was angry and I suspected he was using drugs. But thereafter again he said we will look for a place of our own. Again I was week and shared his bed with him. And upon waking up the next day I found the drugs in his pocket doing the washing. I left immediately. As I made it clear if there is drugs in his life my son and I will not be part of his life. Then the 2nd January 2016 he called me and gave me another talaq based on the fact that I don’t want to return home. He also sent me text messages to back up what he said to me. He also sent me a text message to say he did it properly and I responded that I accept and that my Iddah will complete within three months and 10 days on the 12april. We agreed upon this. We had no contact thereafter. Only on 2 occasions. His family never believed me when I informed them he was using drugs so they thinking I just left because I did not want him. But since all of this his back at home living with his mother as he was living with a friend. and by the 27 of January 2016 he was admitted to rehab. I told his mother I’m under Iddah but she says it’s null and void due to him not being sober. Please advise if any of these talaqs are valid. I am observing Iddah.  Please advise if they are valid based on the fact that he was angry and under the influence of drugs? Should I complete my Iddah? What should I do going forward. Allah knows best I need guidance.

Bismillaah

A: The talaaqs are 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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