Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Does the divorce of an angry person take effect?

Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, many people divorce their wives while angry, then they go to the courts and say to the Shaykh, "I have lost my memory" or "I was angry." So I ask you to give advice to Muslims regarding this matter.

Answer:
The judge must verify the facts; he does not simply accept his word. He must investigate this matter. However, the divorce of an angry person has three cases. The angry person has three cases. The first case is when his anger is habitual; he understands what he is saying, he understands the words he spoke, and he knows what divorce is. In this case, the divorce takes effect without dispute. His divorce takes effect even if he is angry, because it is rare for a person to be free from anger. The second case is when the anger overpowers him to the extent that he does not know what he is saying and has no awareness. In this case, his divorce does not take effect by consensus, because he does not conceive of the divorce in a state of anger and loss of control. This loss of control is the third case, which is in between. He has severe anger, but his awareness remains with him, though the anger has intensified. This is a point of disagreement among the scholars. There is a difference of opinion among the scholars on this. Some hold that his divorce takes effect because his awareness is with him, even if his anger is severe. Other scholars hold that it does not take effect because he is angry.
Source قناة «العلامة الدكتور صالح الفوزان»، [1919 -2802] هل يقع طلاق الغضبان؟ - الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

Flag this fatwa