If a man loses his mind, may the woman request a divorce? And does the divorce of a madman take effect?
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The questioner : Shaykh, may Allah reward you. What is the situation of a woman, O Shaykh, whose husband has lost his mind while she is still in his marriage bond? Does she get divorced, or what happens? And if he pronounces the divorce, is his divorce valid?
The Shaykh : If a woman’s husband becomes insane, she has the choice: if she wishes, she may remain with him, and if she wishes, she may request the annulment of the marriage from the judge. The judge will look into her case. If it is possible for her to be patient with him and seek reward, provided there is no harm to her and no fear of the man who has become insane, that is better and more appropriate. Yes.
As for his divorce, it does not take effect. The divorce of a madman does not take effect, without doubt, because he does not have intention.
The Shaykh : If a woman’s husband becomes insane, she has the choice: if she wishes, she may remain with him, and if she wishes, she may request the annulment of the marriage from the judge. The judge will look into her case. If it is possible for her to be patient with him and seek reward, provided there is no harm to her and no fear of the man who has become insane, that is better and more appropriate. Yes.
As for his divorce, it does not take effect. The divorce of a madman does not take effect, without doubt, because he does not have intention.