Source: Extracted from the book 500 Questions and Answers for Women based on the fatwas of the scholars of the Two Holy Mosques, translated by Hafiz Abdullah Saleem.
Question:
Does divorce given during a state of anger or emotional stress take effect?Answer:
- Extreme Anger That Eliminates Consciousness:
- If a person’s anger reaches an extreme level such that they lose their understanding and awareness, and they are unaware of what they are saying or doing, then any statements or actions made in this state, including divorce, are not valid.
- This is because, in such a state, the person is considered to have lost their mental faculties, and their words or actions carry no legal weight.
- Moderate Anger With Conscious Awareness:
- If the anger is less intense, and the individual retains their awareness and understanding of what they are saying, then their words and actions are valid and enforceable.
- In this case, a divorce pronounced during anger is valid and will take effect because the individual was aware of their actions.
Key Principle:
The validity of divorce in a state of anger depends on the level of anger:- Extreme Anger (Loss of Awareness): Divorce is invalid.
- Moderate Anger (Awareness Intact): Divorce is valid.
Islamic Basis:
This ruling is based on the principle that accountability in Islamic law is tied to mental capacity. If an individual’s mental capacity is impaired to the extent that they cannot comprehend their actions, their words are not binding. However, when mental awareness is intact, their actions remain legally binding, even if they are under emotional stress.Conclusion:
- Divorce is not valid if pronounced in a state of extreme anger where mental awareness is lost.
- Divorce is valid if the individual is still aware of their words and actions despite being angry.
- Each case should be assessed based on the level of anger and the individual’s mental state at the time of divorce.