Shariah rules about divorce and separation
Author: Mufti Hafidh Syed Ziauddin Naqshbandi Qadri,
Professor, Islamic Law, Jamia Nizamia
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>> Introduction
>> 3 Ways of Reconciliation
>> Detailed rules of divorce
>> Pronouncing 3 Talaq In A State Of Anger
>> The Shariah Ruling Regarding Pronouncing 3 Divorces Simultaneously
>> Can woman give divorce?
>> Saying 'Talaq' without the intention of divorce
>> Using ambiguous/unclear words
>> What is Khula
>> Saying: I have given you Khula
>> Khula before starting to live with the husband
>> Remarrying the same person after Khula
>> Re-marriage before acceptance of Khula

Pronouncing 3 Talaq In A State Of Anger

Pronouncing 3 Talaq In A State Of Anger


About pronouncing divorce in a state of anger, Radd Ul Muhtaar Vol.  2 Pg.  No.  463 has described 3 states of anger.  Out of those 3 states, in 2 states, divorce (Talaaq) will be considered as effective and in 1 state it is not.


1.  A state of (mild) anger in which the person's has not lost his reason. i. e. he knows and understands whatever he is saying and also understands the effect of his words and actions- A divorce pronounced in this state is effective.


2.  Very high, almost maniacal, anger in which the person has lost his reason, i. e. he does not know or understand whatever he is saying or doing nor does he understand the effects of his words or actions- A divorce pronounced in this state is not effective.  His other dealings like buying, selling etc are also not considered as proper.


3.  A state of anger which is high but the person has not yet lost his reason, . i. e.  the person still understands his words and actions and also understands the effects of these words and actions- According to the opinion of the Hanafi school of Jurisprudence, divorce pronounced in this state is effective.


The ruling of the second state of anger is applicable when 2 just witnesses testify about the anger as being maniacal or the person pronouncing the divorce states that on oath.  All this when the person's maniacal anger is well known among the people.


As given in Radd Ul Muhtaar Vol.  2, Pg.  No.  463


If any person ignores all this advice given by the Shariah and pronounces a final divorce without carefully considering the consequences of his move, even then according to the Holy Quran and the Hadith divorce will be affected and the person pronouncing the divorce will be considered a sinner before Allah Ta'ala.  If the anger of the husband is not too intense (as described), the absence of the wife or the wife's lack of knowledge about the divorce, do not make the divorce ineffective.  As and when Divorce is pronounced, it becomes effective.  If one divorce has been pronounced, one becomes effective, if 3 have been pronounced, 3 will become effective.  In the absence of the wife, it is necessary that the divorce should be directed towards the wife or she should be clearly named.

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