Intense Anger and Coercion Prevent the Validity of Divorce
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Question: From Abdul Aziz ibn Abdullah ibn Baz to the honorable brother, the esteemed President of the High Court in Abha, may Allah grant him understanding in all good, amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter number (7921), dated 15/9/1393 AH, which is a response to my letter number (2134), dated 8/9/1393 AH, has been received. May Allah guide you. It contained the information that the husband, his wife, and her guardian appeared before your eminence, and the aforementioned husband stated that on the day of 1/7/1392 AH, he returned from his farm after working hard there. When he entered his house, the aforementioned wife met him and spoke to him with foul language, took his right hand, bit it, and pulled his dirge (dagger) from his belt. He thought she wanted to stab him with it, saying to him: "He wants to marry, and she is afflicted with an illness that causes her to lose consciousness when it comes." No one else was present with them, and he wanted to get rid of her but could not, so he uttered to her: "You are divorced, divorced, divorced" all at once. She said: "How will you escape from my children?" They all regretted what had happened between them, and he had not divorced her before that. His wife and her guardian confirmed his statement, and they mentioned that she wishes to return to him if the Shari'ah permits it. It was established that he took her back in the same moment. All of this was known.
Answer: Based on this, I issued a fatwa to the aforementioned man that his mentioned divorce did not take effect, because he pronounced it in a state where a person does not control his senses. Therefore, his wife remains in his marriage bond. The evidences from the Shari'ah indicate that intense anger and coercion prevent the consideration of divorce, and the circumstances indicate that she forced him into what happened until he could not control himself. Among what was reported in this regard is the hadith of Aisha (may Allah be pleased with her) that the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2046Hasan (Darussalam) It was narrated by Imam Ahmad, Abu Dawud, and Ibn Majah, and al-Hakim graded it as authentic. Al-Iqlagh is: coercion and intense anger, as explained by a group of scholars, including Imam Ahmad (may Allah have mercy on him), as is not hidden.
I hope you will inform everyone of this, and advise them to treat each other with good conduct and to be cautious of the causes of anger. May Allah reward you and thank you for your efforts. And may peace be upon you, and the mercy of Allah and His blessings.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter number (7921), dated 15/9/1393 AH, which is a response to my letter number (2134), dated 8/9/1393 AH, has been received. May Allah guide you. It contained the information that the husband, his wife, and her guardian appeared before your eminence, and the aforementioned husband stated that on the day of 1/7/1392 AH, he returned from his farm after working hard there. When he entered his house, the aforementioned wife met him and spoke to him with foul language, took his right hand, bit it, and pulled his dirge (dagger) from his belt. He thought she wanted to stab him with it, saying to him: "He wants to marry, and she is afflicted with an illness that causes her to lose consciousness when it comes." No one else was present with them, and he wanted to get rid of her but could not, so he uttered to her: "You are divorced, divorced, divorced" all at once. She said: "How will you escape from my children?" They all regretted what had happened between them, and he had not divorced her before that. His wife and her guardian confirmed his statement, and they mentioned that she wishes to return to him if the Shari'ah permits it. It was established that he took her back in the same moment. All of this was known.
Answer: Based on this, I issued a fatwa to the aforementioned man that his mentioned divorce did not take effect, because he pronounced it in a state where a person does not control his senses. Therefore, his wife remains in his marriage bond. The evidences from the Shari'ah indicate that intense anger and coercion prevent the consideration of divorce, and the circumstances indicate that she forced him into what happened until he could not control himself. Among what was reported in this regard is the hadith of Aisha (may Allah be pleased with her) that the Prophet (peace and blessings be upon him) said:
There is no divorce and no manumission at the time of coercion.
لا طلاق ولا عتاق في إغلاقI hope you will inform everyone of this, and advise them to treat each other with good conduct and to be cautious of the causes of anger. May Allah reward you and thank you for your efforts. And may peace be upon you, and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.