Divorce when angry - different levels of anger
24 Aug 2011 01:24 GMT
 
Recently, I divorced my wife who is pregnant and it was the third divorce. When I divorced my wife the first time, which was over 2 years ago, I was definitely in a state of extreme anger. However, at that time I did not know the rulings of anger, so I counted it as a first divorce. Now that I know about the affects of anger, is it permissible for me to say that the first divorce was not valid, and therefore my wife has only been divorced twice? Please note that everything else regarding the divorces was done according to the Sunnah and she was never divorced in any way that would call the divorce into question – apart from my anger. I ask Allah to help you in answering this for me, because truly this is a serious matter and I don't want to take back a woman who is forbidden for me, but at the same time, if it is possible to take her back I may do that.

Answered by

Sheikh Nâyif al-Hamad, presiding judge at Rimâh District Court

Anger is divided into three types:

The first one is the one that make incoherence of the mind so the person does not recognize what he says. In this case his divorce is totally invalid.

The second kind of anger does not prevent the person from knowing what he says and recognizing his intention. In this case the divorce will be valid.

There is a third kind of anger. This is where the anger will be intense so that the person’s mind is partially out of control and steers the person away from his intention. The person will regret what he does as soon as his anger subsides.

Imam Ibn al-Qayyim said: This is a matter of disagreement and the legitimate evidences show that the divorce is invalid. [Ighâtha al-Lahfân fi Hukm Talâq al-Ghadbân (39)]

This is also the opinion of Imam Ibn Taymiyah. He said: “If the anger changes the person but his mind not totally incoherent, then the divorcee will not be valid because it steers him into it and makes him with no right to choose. And that is why the person’s supplication against himself or his wealth will not be answered. Even if he makes a vow for something good it would not be obligatory in such case”. [Al-Mubdi` (7/252), al-Furû` (5/282), al-Insâf (8/432)]

This opinion was also supported by Sheikh Ibn Bâz. Their evidence is the Prophet’s (peace be upon him) saying: “Divorce cannot be applied and the freeing of a slave cannot take place in case the person doing that is totally angry.”

Therefore, if your divorce was pronounced while you were under the third kind of the anger, as shown above, and your wife confirmed that and no judge in authority has already given a ruling thereto, then the said divorce is invalid.

However, if your wife wishes to contest this in a court of law or a ruling has already been issued from the judge, then the judge’s decision will be final, because a judicial ruling supersedes all confusions.

And Allah knows best.

Source: Islam Today



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