To divorce someone in the state of anger

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Posted: 10 years ago
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Hi everyone!
So, I have been thinking about how Zain and Aliya will reunite and whether they are divorced now or whether there are any possibilities that they are not. For those of you who have read my discussion here (http://www.india-forums.com/forum_posts.asp?TID=4140485), you already know what I think of the 'ruju' idea in this particular context.

I was more thinking on the lines whether the first divorce was even valid or not? We all know that Zain was in a state of shock, anger, and grief and we all were of the view that he cannot think properly and is not in his senses. We saw him looking with love in his eyes for Aliyah when they were in graveyard and then all of a sudden him uttering that he is giving her divorce. One confusion, however, is why the Qazi saab did not say anything in this regard at the spot? Will he say anything in the upcoming episodes when Zain will try to find solutions to get back to Aliyah?

Another solution could be that of Aliyah having menstruation when she was given divorce...but I am not getting into this one. There are rulings on this if I am not wrong.

For now, I am reading about the rulings that apply when someone gives divorce in the state of anger and this is what I came across:


Anger is of three types:

  1. That which is not so intense as to affect a person's mind or rational thinking; he knows what he is saying and what he means. There is no dispute that in this case divorce, manumission and contracts are valid.
  2. Where his anger reaches such a limit that he no longer knows what he is doing or saying. There is no dispute that in this situation divorce does not take place. If his anger is so intense that he does not know what he is saying, there is no doubt that none of his words should be implemented in this case. The words of the mukallif (adult of sound mind) are only to be implemented if he knows what he is saying and what it means, and if the speaker really means that.
  3. The kind of anger that falls between the two categories mentioned above, where the anger goes beyond the ordinary level but not so far as to make him behave like a madman. This is an area of scholarly differences of opinion. The shar'i evidence indicates that divorce, manumission and contracts in such cases are not valid, and this is a kind of ighlaaq as the imams explained.

Source: http://islamqa.info/en/45174


Another explanation from another source:

If a man divorces his wife in anger, one of three scenarios must apply:

1. His anger was mild and did not affect his will and choice, so his divorce is valid and counts as such.

2. His anger was so intense that he did not know or realize what he was saying. This divorce does not count as such because in this case he was like an insane person who is not to be brought to account for what he says.

With regard to these two scenarios of anger, there is no difference of opinion among the scholars on the ruling. There remains the third scenario which is:

3. Intense anger which affects a person's will and makes him speak words as if he is compelled to do so, but he soon regrets it as soon as his anger dissipates; but the anger does not reach the stage where he does not feel or realize what he is saying and cannot control his words or actions. The scholars differed concerning the ruling on this type of anger. The more correct view - as Shaykh Ibn Baaz (may Allaah have mercy on him) said - is that it does not count as such either, because the Prophet (peace and blessings of Allaah be upon him) said: "There is no divorce and no manumission at the time of coercion." Narrated by Ibn Majaah (2047); classed as saheeh by al-Albaani in al-Irwa' (2047). Coercion here was interpreted by the scholars as referring to compulsion and intense anger.


This view was favoured by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) and his student Ibn al-Qayyim who wrote a well known essay concerning that entitled Ighaathat al-Lahfaan fi Hukm Talaaq al-Ghadbaan.

Source: http://islamqa.info/en/96194


And Allah knows best.

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