Divorce given under the influence of drugs

18-3-2009 | IslamWeb

Question:

my husband gave me divorce at night and the second morning he dave me another divorce. do they count as one?
he then gave me another divorce 2 years later.
and then he gave me another divorce last year.
he is telling me that they all count as 2 divorces. the first tow counts as one and the last one did not count because he was really high on cannabis.... and for your notice he is addicted to cannabis and he can drive, study, even pray while he is affected by that drug. so am i still his wife????? i asked a shik he said i am not, and my husband is saying that he also asked a shiekh and said that we can be still married for the above reasons. so please give me a clear fatwa

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

 

The majority of scholars are of the view that consecutive divorces that are not intervened by the husband taking back his wife take place; this is the view we adopt in Islamweb.

Therefore, the two divorces that took place, one during the night and the second in the morning following that night, are considered two divorces. If these two divorces are added to the divorce which took place when your husband was not in a state of intoxication, then these are considered three divorces, in which case you are irrevocably divorced from him. This means that you are forbidden to your husband until you marry another man [a true marriage and that man consummates the marriage with you and then he dies or divorces you].

In addition to this, the divorce of a drunken person who is conscious about what he says, takes place; for more benefit, please refer to Fataawa 95496 and 87585.

However, if there is still dispute between you, then you may take the matter to one of the Islamic centres [in your country]. 

Allaah Knows best.