What is the Ruling of Three Divorces in the State of Anger Multiple Times?

Answered by Mawlana Ilyas Patel

Question

My question is regarding the divorce issue, My husband has uttered the divorce word three times on three different occasions in a state of extreme anger and compulsion. He did not intend to give it all three times, but he has anger issues and becomes out of control in anger, so much so that his actions become like a madman. Does divorce happen in this situation? There is a hadith of the Prophet that there is no divorce in the case of iglaq, and if there is no intention, and from Aisha (Allah be pleased with her) that there is no divorce in the state of iglaq. Also, Shaikh ibn Baz stated that there is no divorce in a state of extreme anger. Please put some light on our status?

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 sorry to hear about the situation you are facing. In the Hanafi school, uttering three divorces three times counts as three, especially in your case, it was three divorces at three different times.

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 affected.
• 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.

[Hindiyya, Al-Fatawa al-Hindiyya; Al-Marghinani, Al-Hidaya; Ibn ‘Abidin, Radd al-Muhtar]

Anger does vary, and a person gives divorce while being angry. However, being a sensitive marriage case, I advise you both to consult local reliable scholars and speak to them about the whole situation once again. You have to responsibly explain the state your husband was in, whether he uttered the three divorces at an early stage of anger, intense anger, or in between.

Hadith Saying No Divorce In Iglaq

Aisha (Allah be pleased with her) narrated that the Prophet (Allah bless him and give him peace) said: “There is no divorce and no emancipation of a slave through compulsion. The meaning of iglaq is compulsion. [Ibn Maja, Abu Dawud]

Thus, if anyone compels a man to divorce his wife or free a slave, it will not be valid. Imams, Malik, Shafi’i, and Ahmad Ibn Hanbal (Allah have mercy on them) go by this hadith and rule accordingly.

Imam Abu Hanifa (Allah have mercy on him) said that both divorce and freeing a slave in compulsion will be valid. One of the eleven things that become valid, even in compulsion, is divorce.

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Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.