Does Divorce Said In Anger Still Count As A Valid Divorce?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

If my husband has said divorce three times, but the first was in mild anger, the second in uncontrollable anger without intention, and the third during a heated fight without intending divorce, does this count as three valid divorces?

Answer

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

I hope you are in good health and faith. Thank you for your question. I’m sorry to hear about your situation.

If your husband said divorce three times while sane and aware, the divorce is valid, regardless of his emotional state, intent, language, unless he was truly unconscious or had medical issues. It would be sinful to stay with him. [Ibn ’Abidin, Radd al-Muhtar]

Due to the sensitive nature of this situation, I recommend consulting with trusted, knowledgeable scholars and wise individuals who understand the dynamics of family in your country.

I would like you to go through the valuable answers and links below. Insha’Allah, you will receive guidance and direction.

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel has received a 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. Currently, he resides in the UK with his wife and is interested in reading and gardening.