My husband divorced me while drunk, is it valid?
Divorce pronounced while drunk is still valid
QUESTION:
Dear Wael,
Last year my husband divorced me 3 times when he was drunk. Next day he said it did not happen cuz he was angry and he has given sadaka so its ok. It's been a year but I still keep thinking about it. Please advise me, did it happen or not?
- Sister Zenia
WAEL ANSWERS:
Dear Sister Zenia, As-salamu alaykum wa rahmatullah,
Yes it happened. The divorce is valid. The fact that he was drunk does not invalidate the divorce.
Sheikh Taha Jaber Alalwani answered this same question in a fatwa session on IslamOnline.net. He said:
"Regardless of your husband state when he uttered the divorce edict, the divorce is still valid. Even some Ulama go as far as to say that a person who practices these Harams (prohibitions) such as drinking, that the divorce decree should be enforced more harshly as a punishment for these vices. So the conclusion according to your description is that you are divorced."
However, the practice of "triple talaq" or pronouncing divorce three times in one sitting, is invalid Islamically and should be considered as one divorce only. Therefore this would be counted as one declaration of divorce by your husband. So you are still married.
The practice of triple talaq in one sitting has no sanction in the Qur'an and in the traditions of the Prophet (pbuh). Being, in Islamic legal language, a bid'ah or wrongful innovation, it is not part of the Prophet's sunnah, so it cannot be considered lawful in the Islamic Shari'ah. Once Rukana, a companion of the Prophet (pbuh), pronounced three talaqs in one sitting but later repented. He approached the Prophet for help, and the Prophet told him that the three talaqs that he had given amounted only to a single talaq, and that, therefore, he could go back to his wife if he wanted to. Ther is not a single instance reported of a triple talaq being accepted by the Prophet (pbuh) as constituting a final, irrevocable divorce.
And Allah knows best.
If any readers have some additional advice for this questioner, feel free to post your comments below.
(O Allah), Guide us to the straight path; The path of those whom you have favored; Not those with whom you are angry; Nor those who go astray.
Best regards,
- Wael Abdelgawad
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Assalam O Alaikum,
Please do mention the school of Fiq (Shafae, Hunafi, etc...)when answering the questions or straight forwardly mention what Fiqh this website would prefered to be considered when aswering the questions.
Jazak a Mulah
assalamualaikum!
talaq given in a state whr a person himself dzn knw wht he is talkin is not valid...n bot fiqh it hardly matters as these fiqhs(shafai,hanfi.etc) were not thr during the time of r prophet muhammad(saw) n nowhr in d quran it is mention tht v supposed 2 follow a particular fiqh...even the imaams of the four school did allow us 2 follow thm blindly...talaq in not a small issue soo it shud not b taken lightly ...islam is d most simple religion 2 follow...
allah knws best
the issue is whether your husband knew what he was taking and the state of mind also plays a pivotal role, if he took the alcohol knowing the effect it would have on him and knowing it was illegal then the talaq is valid, that is the short answer, the long answer is very different, say he was forced into taking the alcohol or drug believe you me these things can happen not knowing what it was aNd the effect it would Have on him then clearly this divorce is not valid, it also comes to the issue where a man is insane as opposed to sanity then these two would clearly have different outcomes.... the fact that a man pronounces talaq and the hakim just gives him authority to declare it and accepts this is wrong in principle on many levels firstly it is said that the most detestable thingg to ALLAH (swt) is divorce in the most things which are lawful, so clearly you would clearly need to check your sanity before you utter it, this is shaykh but speaking at the end of the day ALLAH KNOWS BEST AND IF ANYTHING GOOD HAS COME FROM THIS THEN IT IS FROM ALLAH AND IF ANYTHING EVIL HAS COME OF IT THEN IT IS FROM THE SHAYTAAN.
ASWRWB..
Saira, the declaration of 3 talaqs, though it is considered bid'ah, is still valid according to the scholars. So yes, you are divorced.
The reason marriage feels like a curse is because you were married to a bad man. Insha'Allah you will find someone good someday.
Wael
IslamicAnswers.com Editor
Different different (Ulema-e-karams) giving different different rulings.This leaves Muslim Ummah in the
state of utter confusion.(Ulema-e-karams) should hold a meeting and should give single ruling on particular subject.If more than one ruling is correct then they (Ulema-e-karams) should declare both valid.