Divorce During Extreme Anger
Fatwa No: 388225

  • Fatwa Date:11-12-2018 - Rabee' Al-Aakhir 3, 1440
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Question

Divorce in Partially Insane Condition caused by Extreme Anger : A Muslim couple with 10 years of married life

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

No matter how intense is the anger of an angry person, his divorce takes effect as long as he is conscious and aware of what he says.

Ar-Rahaybaani from the Hanbali School of jurisprudence, said in Mataalib uli An-Nuha: "Divorce takes effect from an angry husband who did not completely lose his mind." [End of quote]

This is the view of the majority of the scholars.

However, some scholars are of the view that the divorce of an angry person does not take place if he is in extreme anger even if he did not completely lose (control over) his mind. This is the view chosen by Ibn Taymiyyah and Ibn Al-Qayyim  may  Allaah  have  mercy  upon  them.

The view we adopt here in Islamweb however, is the view of the majority of the scholars.

The other view is also a strong view and it is acceptable to adopt it in order to repel harm, such as when the divorce is the third one and the like.

We warn against anger as it is a door to much evil; it is for this reason that the Sharee’ah warned us against it. Abu Hurayrah  may  Allaah  be  pleased  with  him narrated that a man asked the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) for advice, and the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) told him: "Do not get angry." The man asked many times for advice, and the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) repeated again the same answer: "Do not get angry." [Al-Bukhaari]

Ibn Rajab  may  Allaah  have  mercy  upon  him said in Jaami’ Al-‘Uloom Wal-Hikam: "This is evidence that anger includes (and leads to) all evil matters, and that avoiding it comprises all goodness." [End of quote]

For more benefit, please refer to Fataawa 130287126164 and 245707.

Allah knows best.

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