What is the ruling on the divorce of an intoxicated person?
Machine translationRead the Arabic original
The questioner : Well, Shaykh, regarding the divorce of an intoxicated person?
The Shaykh : The divorce of an intoxicated person is executed because he is considered to have committed a transgression against himself, like one who is joking; in fact, he is more deserving of the divorce being executed than the one who is joking.
The questioner: Yes.
The Shaykh : Because the divorce of the one who is joking is valid, so the one who becomes intoxicated by consuming intoxicants...
The questioner: Yes.
The Shaykh : ...is more sinful than the one who jokes about divorce. So if the divorce of the one who jokes is executed, then a fortiori the divorce of the intoxicated person is executed, contrary to those who say that he does not possess his will. The answer is that he did possess it, but he deprived himself of it through his own effort and earning.
The questioner : I mean, is this a ruling, Shaykh, as a deterrent for him, or is it a legal ruling, meaning it differs from the issue of...
The Shaykh : No, this is without a doubt a ruling based on equating the intoxicated person with the one who is joking.
The questioner: Yes, Shaykh.
The Shaykh : But it serves as a deterrent for him against intoxication.
The questioner : Well, why is this issue so prevalent? Many people divorce their wives, but without, for example, the knowledge of the court, then they take them back, then divorce them again, and so on. Some scholars say that divorce is not established except by the divorce of the courts or the divorce of the judge, for example, even if he divorced her ten times and did not witness this divorce. They say that the divorce here is witnessed by the judge, I mean, not the community of Muslims or the Imam of the Muslims.
The student : Peace be upon you and Allah's mercy and blessings.
The Shaykh : And upon you be peace and Allah's mercy and blessings. Yes.
The questioner : So here, does the divorce take place without the witness of the judge, or not? I mean the judge of the courts.
The Shaykh : I understand.
The questioner: Yes.
The Shaykh : If he witnessed two just witnesses, as we said.
The questioner: Yes, Shaykh.
The Shaykh : So the divorce, whether its matter reaches the judge or not.
The questioner: Yes.
The Shaykh : Especially since the judiciary today is not as it should be in terms of adhering to the rulings of the Shari'ah.
The questioner: Yes.
The Shaykh : And this is a repetition of what has passed.
The questioner: Yes, Shaykh.
The Shaykh : If he divorced and did not witness, then indeed this divorce is not valid until it is brought to the judge and he executes it.
The questioner: Yes.
The Shaykh : But recording the divorce is not a condition for the divorce to take place.
The Shaykh : The divorce of an intoxicated person is executed because he is considered to have committed a transgression against himself, like one who is joking; in fact, he is more deserving of the divorce being executed than the one who is joking.
The questioner: Yes.
The Shaykh : Because the divorce of the one who is joking is valid, so the one who becomes intoxicated by consuming intoxicants...
The questioner: Yes.
The Shaykh : ...is more sinful than the one who jokes about divorce. So if the divorce of the one who jokes is executed, then a fortiori the divorce of the intoxicated person is executed, contrary to those who say that he does not possess his will. The answer is that he did possess it, but he deprived himself of it through his own effort and earning.
The questioner : I mean, is this a ruling, Shaykh, as a deterrent for him, or is it a legal ruling, meaning it differs from the issue of...
The Shaykh : No, this is without a doubt a ruling based on equating the intoxicated person with the one who is joking.
The questioner: Yes, Shaykh.
The Shaykh : But it serves as a deterrent for him against intoxication.
The questioner : Well, why is this issue so prevalent? Many people divorce their wives, but without, for example, the knowledge of the court, then they take them back, then divorce them again, and so on. Some scholars say that divorce is not established except by the divorce of the courts or the divorce of the judge, for example, even if he divorced her ten times and did not witness this divorce. They say that the divorce here is witnessed by the judge, I mean, not the community of Muslims or the Imam of the Muslims.
The student : Peace be upon you and Allah's mercy and blessings.
The Shaykh : And upon you be peace and Allah's mercy and blessings. Yes.
The questioner : So here, does the divorce take place without the witness of the judge, or not? I mean the judge of the courts.
The Shaykh : I understand.
The questioner: Yes.
The Shaykh : If he witnessed two just witnesses, as we said.
The questioner: Yes, Shaykh.
The Shaykh : So the divorce, whether its matter reaches the judge or not.
The questioner: Yes.
The Shaykh : Especially since the judiciary today is not as it should be in terms of adhering to the rulings of the Shari'ah.
The questioner: Yes.
The Shaykh : And this is a repetition of what has passed.
The questioner: Yes, Shaykh.
The Shaykh : If he divorced and did not witness, then indeed this divorce is not valid until it is brought to the judge and he executes it.
The questioner: Yes.
The Shaykh : But recording the divorce is not a condition for the divorce to take place.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.