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Giving talaaq in the state of depression

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I have a husband who suffers from anxiety and depression. So he has his highs and his lows. I just want to know since he is mentally unstable does he has the right to issue talaaq because when he in a depressive state I am always threatened with talaq. He is on medication for his illness.

Bismillaah

A: The talaaq will be 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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