Source: Fatāwā Muḥammadiyyah, Volume 1, Page 835
If a man, in a state of complete intoxication, divorces his wife, does that divorce take effect in Islamic law?
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Ammā baʿd:
Assuming the scenario is accurate, the matter requires clarity. Though there exists some scholarly disagreement on this issue, based on strong evidences from the Qur’an and Sunnah, and the view of many well-researched scholars, the ruling is:
If the intoxicated person has lost his senses to the point that he is unaware of good and evil, cannot distinguish between earth and sky, or left from right — then the divorce issued in such a state does not take effect in Sharīʿah.
This is because three conditions are essential for a valid divorce:
① Sanity (ʿaql)
② Puberty (bulūgh)
③ Free will and intention (ikhtiyār)
Shaykh Muḥammad Sābiq al-Miṣrī رحمه الله writes:
"A person’s legal capacity is complete only with sanity, puberty, and choice."
He quotes the hadith reported by Sayyidunā ʿAlī رضي الله عنه:
"رُفِعَ القَلَمُ عَن ثَلاثَةٍ: عَنِ النَّائِمِ حتَّى يَسْتَيْقِظَ، وَعَنِ الصَّبِيِّ حتَّى يَحْتَلِمَ، وَعَنِ المَجْنُونِ حتَّى يَعْقِلَ."
(Fiqh al-Sunnah, Vol. 2, p. 211; Ṣaḥīḥ al-Bukhārī, Vol. 2, p. 794)
Translation:
"The pen (of accountability) is lifted from three: the sleeper until he awakens, the child until he reaches puberty, and the insane until he regains sanity."
The same principle applies to an intoxicated person who is senseless.
﴿يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَقْرَبُوا الصَّلَاةَ وَأَنتُمْ سُكَارَىٰ حَتَّىٰ تَعْلَمُوا مَا تَقُولُونَ﴾
Surah al-Nisāʾ (4:43)
Translation:
"O believers! Do not approach prayer while you are intoxicated, until you know what you are saying."
If a person in such a state cannot even validly pray, how then can his divorce be considered valid?
✿ Narrated by Abū Hurayrah رضي الله عنه:
"كل طلاق جائز إلا طلاق المغلوب على عقله."
“Every divorce is valid except the one given by someone who has lost his mind.”
(Reported by al-Tirmidhī; Fiqh al-Sunnah, Vol. 2, p. 211)
✿ Sayyidunā ʿUthmān رضي الله عنه stated:
"لَيْسَ لِمَجْنُونٍ وَلَا لِسَكْرَانَ طَلَاقٌ."
“There is no valid divorce for the insane or the intoxicated.”
(Ṣaḥīḥ al-Bukhārī, Vol. 2, Bāb Ṭalāq fī al-Ighlāq wa al-Karāhah, p. 793)
✿ Sayyidunā Ibn ʿAbbās رضي الله عنهما said:
"طلاق السكران والمستكره ليس بجائز."
“The divorce of the intoxicated or coerced person is not valid.”
(Ṣaḥīḥ al-Bukhārī, Vol. 2, p. 793)
Shaykh Muḥammad Sābiq al-Miṣrī writes:
"The majority of jurists consider the divorce of a drunken person as valid. However, some scholars argue it is void and meaningless — because both the intoxicated and insane are devoid of intellect, which is the basis for religious responsibility. Without intellect, there can be no accountability."
(Fiqh al-Sunnah, Vol. 2, p. 212)
“Some scholars have said that no companion is known to have opposed ʿUthmān رضي الله عنه in this ruling, thus indicating a silent consensus (ijmāʿ sukūtī).”
(Fiqh al-Sunnah, Vol. 2, p. 212)
✔ Imām Aḥmad ibn Ḥanbal رحمه الله
✔ al-Muzanī (from the Shāfiʿī school)
✔ Imām Ṭaḥāwī and Abū al-Ḥasan al-Karkhī (from the Ḥanafī school)
✔ Imām Dāwūd al-Ẓāhirī and all Ahl al-Ẓāhir
✔ Imām al-Shawkānī,
✔ and even Imām al-Bukhārī —
All are of the view that:
"A divorce issued in a state of total intoxication is not valid in Sharīʿah."
Based on:
➤ Qur’anic evidence,
➤ Hadiths of the Prophet ﷺ,
➤ Statements of the Ṣaḥābah رضي الله عنهم, and
➤ Opinions of major jurists and scholars:
A divorce issued by someone who is fully intoxicated and has lost awareness is NOT valid in Islamic law.
This is the strongest and most correct view, and the fatwā is issued accordingly.
هٰذا ما عندي، والله أعلم بالصواب
❖ Question:
If a man, in a state of complete intoxication, divorces his wife, does that divorce take effect in Islamic law?
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Ammā baʿd:
Assuming the scenario is accurate, the matter requires clarity. Though there exists some scholarly disagreement on this issue, based on strong evidences from the Qur’an and Sunnah, and the view of many well-researched scholars, the ruling is:
If the intoxicated person has lost his senses to the point that he is unaware of good and evil, cannot distinguish between earth and sky, or left from right — then the divorce issued in such a state does not take effect in Sharīʿah.
This is because three conditions are essential for a valid divorce:
① Sanity (ʿaql)
② Puberty (bulūgh)
③ Free will and intention (ikhtiyār)
❖ Conditions of Legal Capacity (Ahlīyah)
Shaykh Muḥammad Sābiq al-Miṣrī رحمه الله writes:
"A person’s legal capacity is complete only with sanity, puberty, and choice."
He quotes the hadith reported by Sayyidunā ʿAlī رضي الله عنه:
"رُفِعَ القَلَمُ عَن ثَلاثَةٍ: عَنِ النَّائِمِ حتَّى يَسْتَيْقِظَ، وَعَنِ الصَّبِيِّ حتَّى يَحْتَلِمَ، وَعَنِ المَجْنُونِ حتَّى يَعْقِلَ."
(Fiqh al-Sunnah, Vol. 2, p. 211; Ṣaḥīḥ al-Bukhārī, Vol. 2, p. 794)
Translation:
"The pen (of accountability) is lifted from three: the sleeper until he awakens, the child until he reaches puberty, and the insane until he regains sanity."
The same principle applies to an intoxicated person who is senseless.
❖ Evidence from the Qur’an:
﴿يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَقْرَبُوا الصَّلَاةَ وَأَنتُمْ سُكَارَىٰ حَتَّىٰ تَعْلَمُوا مَا تَقُولُونَ﴾
Surah al-Nisāʾ (4:43)
Translation:
"O believers! Do not approach prayer while you are intoxicated, until you know what you are saying."
If a person in such a state cannot even validly pray, how then can his divorce be considered valid?
❖ Hadiths and Sayings of the Companions:
✿ Narrated by Abū Hurayrah رضي الله عنه:
"كل طلاق جائز إلا طلاق المغلوب على عقله."
“Every divorce is valid except the one given by someone who has lost his mind.”
(Reported by al-Tirmidhī; Fiqh al-Sunnah, Vol. 2, p. 211)
✿ Sayyidunā ʿUthmān رضي الله عنه stated:
"لَيْسَ لِمَجْنُونٍ وَلَا لِسَكْرَانَ طَلَاقٌ."
“There is no valid divorce for the insane or the intoxicated.”
(Ṣaḥīḥ al-Bukhārī, Vol. 2, Bāb Ṭalāq fī al-Ighlāq wa al-Karāhah, p. 793)
✿ Sayyidunā Ibn ʿAbbās رضي الله عنهما said:
"طلاق السكران والمستكره ليس بجائز."
“The divorce of the intoxicated or coerced person is not valid.”
(Ṣaḥīḥ al-Bukhārī, Vol. 2, p. 793)
❖ Scholarly Opinions:
Shaykh Muḥammad Sābiq al-Miṣrī writes:
"The majority of jurists consider the divorce of a drunken person as valid. However, some scholars argue it is void and meaningless — because both the intoxicated and insane are devoid of intellect, which is the basis for religious responsibility. Without intellect, there can be no accountability."
(Fiqh al-Sunnah, Vol. 2, p. 212)
❖ Silent Consensus of the Companions:
“Some scholars have said that no companion is known to have opposed ʿUthmān رضي الله عنه in this ruling, thus indicating a silent consensus (ijmāʿ sukūtī).”
(Fiqh al-Sunnah, Vol. 2, p. 212)
❖ Views of Major Scholars and Imams:
✔ Imām Aḥmad ibn Ḥanbal رحمه الله
✔ al-Muzanī (from the Shāfiʿī school)
✔ Imām Ṭaḥāwī and Abū al-Ḥasan al-Karkhī (from the Ḥanafī school)
✔ Imām Dāwūd al-Ẓāhirī and all Ahl al-Ẓāhir
✔ Imām al-Shawkānī,
✔ and even Imām al-Bukhārī —
All are of the view that:
"A divorce issued in a state of total intoxication is not valid in Sharīʿah."
Conclusion:
Based on:
➤ Qur’anic evidence,
➤ Hadiths of the Prophet ﷺ,
➤ Statements of the Ṣaḥābah رضي الله عنهم, and
➤ Opinions of major jurists and scholars:
A divorce issued by someone who is fully intoxicated and has lost awareness is NOT valid in Islamic law.
This is the strongest and most correct view, and the fatwā is issued accordingly.
هٰذا ما عندي، والله أعلم بالصواب
