Question ID: 29616

Aslm Respected and Honourble Mufti.
May Almighty Allah grant you reward and protection for your efforts in assisting us as a community.

My question pertains to the validity of talaaq:
A few weeks ago my relative, who has been a habitual user of serious drugs issued his wife 3 talaaqs over the phone. We as the family believe that he was heavily under the influence of drugs at the time as an arguement had taken place with his wife over money he had given her previously which he was now demanding to be given back to him. In light of his circunstances, we believe that because he was under the influence of the drugs and very upset as well, will the 3 talaaqs be vaild?

The other question I would like to ask, if you permit me is this: What is talaaq given under “circumstances of ighlaaq”? I ask this because i came across a website that says that talaaq given in a moment of anger is not valid. Please understand, that it not my intention to cause controversy, but as I am not a scholar I ask for your opinion on the matter. In fact I would appreciate it if my question isn’t posted on your message board Q & A.

Finally, I would like to add this, which is an extraction from the website hence i am not sure if authentic or not: “For example, Ahmad, Abu Dawood and Ibn Maajah narrated from Aaishah (may Allaah be pleased with her) that the Prophet (peace and blessings of Allaah be upon him) said: There is no divorce and no manumission in the event of ighlaaq. The majority of scholars said that ighlaaq means compulsion or anger, i.e., intense anger. For his anger made him unaware of what he was saying, so he is like one who is unconscious, insane or drunk, because of the intensity of his anger. So divorce does not take place in this instance. If he does not realize what he is doing and cannot control his words or actions because of the intensity of his anger, then divorce does not take place”
From Fataawa al-Talaaq, pp. 19-21, compiled by Dr. Abd-Allaah al-Tayyaar and Muhammad al-Moosa
Is such a fatwa vaild for us here in SA or am I misunderstanding the article?

Many thanks for your patience and understanding.
. Shaheen

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Asked on February 3, 2014 11:43 pm
Private answer

1) The 3 Talaaqs are valid.
2) Talaaq stated in anger is valid.
3) This in an erroneous interpretation of the Hadith; not valid anywhere.
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Answered on February 3, 2014 11:43 pm