[Q-ID0257] My Husband said ‘I divorce you’ three times in anger, has divorce occurred?

QUESTION:

What do the scholars and muftīs of the mighty Sharī’ah say regarding this matter: Me and my husband separated a year ago, I have three children, on the 27th of this Ramadān my husband said ‘I divorce you’, and yesterday he said ‘I divorce you’ twice. After issuing the divorce he was embarrassed, I know he gave the divorce whilst angry. Please inform me of the ruling regarding this.

Questioner: Sister from UK

ANSWER:

بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب

According to the aforementioned statement, your husband issued one divorce to you first and two after; he said ‘I divorce you’ and he also accepts this, without doubt, final irrevocable divorce has taken place. The woman has become unlawful for the man, and without Halālah, she cannot become lawful for him. Upon my asking, your husband has also confirmed that he issued three divorces to his wife.

Anger does not prevent divorce from taking place, in fact, divorce is given in anger; according to my knowledge, there is no individual who has ever issued divorce whilst he was happy.

Allāh (Most High) states that,

{فَاِنۡ طَلَّقَہَا فَلَا تَحِلُّ لَہٗ مِنۡۢ بَعْدُ حَتّٰی تَنۡکِحَ زَوْجًا غَیۡرَہٗؕ فَاِنۡ طَلَّقَہَا فَلَا جُنَاحَ عَلَیۡہِمَاۤ اَنۡ یَّتَرَاجَعَاۤ اِنۡ ظَنَّاۤ اَنۡ یُّقِیۡمَا حُدُوۡدَ اللہِ}

{Then if he divorced her a third time, she will not be lawful to him until she lives (as a wife) with another husband. Then if the second husband divorces her, so it is no sin for these two (woman and the first husband) to reunite (by marriage) if they think that (now) they will adhere to the limits of Allāh}

[Sūrah al-Baqarah, verse 230]

My master A’lā Hazrat Imām Ahmad Razā Khān (may Allāh shower him with mercy) states in Fatāwā Ridawiyyah, “And anger is a futile excuse, divorce usually takes place in anger.” In another place, he states, “Anger is not a preventer of divorce, in fact, divorce mostly takes place in a state of anger.”

[Fatāwā Ridawiyyah, vol 12, pg 366]

واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری

Answered by Mufti Qasim Zia al-Qadri

Translated by Zameer Ahmed

Read the original Urdu answer here – [Q-ID0257] My Husband said ‘I divorce you’ three times in anger, has divorce occurred?

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