Used to say divorce to his wife during his anger

8-4-2009 | IslamWeb

Question:

my uncle and aunt (my father bro) were married 24 years ago, but they always quarreled with each other since 20 years, my uncle say talaq in anger many times whenever they quarelled, now the question is that my uncle is saving that i did it with anger, and my aunt does not want to live with him, she says talaq has been done, but there is no evidence of talaq instead of them, plz give me inform whether, the talaq has been done by saying these words hundreds of times in 20 years.

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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.

 

In principle, anger does not prevent divorce from taking place; rather, what prevents divorce from taking place is when a person’s anger renders him unconscious to an extent that he does not know what he is saying and he does not realize what he is doing. It is most unlikely that this man reached this position at all these times when he initiated divorce; for more benefit, please refer to Fataawa 81843 and 84170.

Since his wife authoritatively asserts that divorce had taken place in a state of anger when her husband did not lose consciousness, then she is obliged to prevent him from having sexual intercourse with her and take her matter to a Muslim judge who would separate between them or study their matter. If this is not possible, she should try every means to separate herself from him even by giving him compensation.

Allaah Knows best.