Does Divorce Count If Said During Mental Health Crisis?

Answered by Mawlana Ilyas Patel

Question

I suffer from Depersonalization and PTSD, which affect my mental state and actions.

Recently, in fits of anger, I uttered divorce to my wife multiple times, including writing it on paper. Was the divorce valid in these circumstances, considering my mental health and lack of full awareness during these incidents?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question. I am sad to hear about your situation. Allah Most High rewards you for the difficulty that you are going through.

If the divorce was mentioned in anger due to depersonalization and PTSD to the point of insanity, and you were unaware of the statements, then the divorce would not be valid. The question you need to ask yourself is: was this the case?

Anger Is of Three Types

• Early stages of anger are when one’s mind is sound and fully grasps and understands what one is saying; in such a case, divorce will be effected.
• Severely angry to the point of insanity, such one is unaware of what one is saying, etc., divorce will not come into effect in such a case.
• In between the above two states, one was extremely angry, not to the point of insanity, and was also aware of what he was saying. In this case, divorce will be affected. [Al-Fatawa al-Hindiyya; Marghinani, al-Hidaya; Ibn ‘Abidin, Radd al-Muhtar]

Given the considerations in such cases, please consult reliable local scholars about the situation’s specifics.

I pray to Allah (Most High) to grant you both ease and to decree what is best for you, amin.

Related

• Does Divorce Come in Effect in Extreme Anger?
• A Little Fiqh on Controlling One’s Anger 
• Shaykh Faraz Rabbani – “The Position of Islam on Divorce, Adoption and Abortion” (Video)
• What are the Wisdoms behind the Rulings on Divorce in Islam?
• What is the Purpose of Marriage? A Muslim Perspective – Shaykh Faraz Rabbani
• Divorce Archives
• How Does One Perform The Prayer Of Need (Salat al-Haja)?

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat

Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.