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Insane person issuing talaaq

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: What is the shari’ah law about a person who is mentally I’ll. His mood swings every know and then, not wearing cloths properly, arguing with every one include mother and wife and relative’s. Don’t sleep during Knight, doctors diagnosed him as psychotic patient with severe palpations and he is on medication. During one big argument he became insane what ever he is talking he is not aware of what he is saying. His wife said that he said talaaq repeatedly. What is the rule for it?

Bismillaah

A: If he was insane at that time then the talaaq of an insane person is not valid. However, if he was not insane and knew what he was uttering then the talaaq is valid.

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

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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