Shar‘i Causes and Wisdom Behind Divorce
Fatwa by: Former Grand Mufti of Saudi Arabia, Shaykh Ibn Bāz رحمه الله
A woman is regarded as divorced when her husband pronounces divorce while:
If he divorces her while she is menstruating, in postpartum bleeding, or in a state of purity after intercourse (and she is neither pregnant nor menopausal), then according to the stronger of the two scholarly opinions, divorce does not take effect, unless a Shar‘i judge rules its occurrence — in which case it will take effect, as a judge’s decision in ijtihādī matters resolves disagreement.
Similarly, if the husband is insane, coerced, intoxicated, or in such extreme anger that he loses awareness of the consequences of divorce, and there is clear evidence confirming this — with the wife acknowledging it or reliable testimony supporting it — then divorce does not take effect in these situations.
The Prophet ﷺ said:
«رفع القلم عن ثلاثة: الصغير حتى يبلغ، والنائم حتى يستيقظ، والمجنون حتى يفيق»
“The pen has been lifted from three: the child until he reaches maturity, the sleeper until he awakens, and the insane until he regains sanity.”
[Ṣaḥīḥ Sunan Abī Dāwūd, 4398]
Allah ﷻ said:
مَنْ كَفَرَ بِاللَّهِ مِنْ بَعْدِ إِيمَانِهِ إِلَّا مَنْ أُكْرِهَ وَقَلْبُهُ مُطْمَئِنٌّ بِالْإِيمَانِ [النحل: 106]
“Whoever disbelieves in Allah after having believed — except for one who is forced while his heart is secure in faith…”
If one compelled to commit kufr is not deemed a disbeliever (while his heart remains firm in faith), then by greater reason, one coerced into divorce should not be regarded as having effected it — provided the cause is solely coercion.
The Prophet ﷺ also said:
«لا طلاق ولا عتاق في إغلاق»
“There is no divorce and no manumission in a state of ighlāq (coercion or extreme anger).”
[Ḥasan — Sunan Abī Dāwūd, 2193]
Imām Aḥmad رحمه الله and others interpreted ighlāq as coercion and intense anger.
Khalīfah ‘Uthmān رضي الله عنه and a group of scholars ruled that divorce does not occur from one intoxicated to the point of losing mental awareness, though such a person is sinful.
The wisdom behind the permissibility of divorce is clear:
Thus, Allah has granted the man the option to release her through divorce, giving him ease in ending the marriage.
Allah ﷻ says:
وَإِنْ يَتَفَرَّقَا يُغْنِ اللَّهُ كُلًّا مِنْ سَعَتِهِ [النساء: 130]
“And if they separate, Allah will enrich each from His bounty.”
(‘Abd al-‘Azīz bin ‘Abd Allāh bin Bāz رحمه الله)
Fatwa by: Former Grand Mufti of Saudi Arabia, Shaykh Ibn Bāz رحمه الله
When Is a Woman Considered Divorced?
A woman is regarded as divorced when her husband pronounces divorce while:
- He is sane and acting by choice.
- None of the impediments to divorce are present, such as insanity or intoxication.
- She is in a state of purity (ṭuhr) during which no intercourse has taken place, or she is pregnant, or she is menopausal (ā’isah).
If he divorces her while she is menstruating, in postpartum bleeding, or in a state of purity after intercourse (and she is neither pregnant nor menopausal), then according to the stronger of the two scholarly opinions, divorce does not take effect, unless a Shar‘i judge rules its occurrence — in which case it will take effect, as a judge’s decision in ijtihādī matters resolves disagreement.
Similarly, if the husband is insane, coerced, intoxicated, or in such extreme anger that he loses awareness of the consequences of divorce, and there is clear evidence confirming this — with the wife acknowledging it or reliable testimony supporting it — then divorce does not take effect in these situations.
Evidences
The Prophet ﷺ said:
«رفع القلم عن ثلاثة: الصغير حتى يبلغ، والنائم حتى يستيقظ، والمجنون حتى يفيق»
“The pen has been lifted from three: the child until he reaches maturity, the sleeper until he awakens, and the insane until he regains sanity.”
[Ṣaḥīḥ Sunan Abī Dāwūd, 4398]
Allah ﷻ said:
مَنْ كَفَرَ بِاللَّهِ مِنْ بَعْدِ إِيمَانِهِ إِلَّا مَنْ أُكْرِهَ وَقَلْبُهُ مُطْمَئِنٌّ بِالْإِيمَانِ [النحل: 106]
“Whoever disbelieves in Allah after having believed — except for one who is forced while his heart is secure in faith…”
If one compelled to commit kufr is not deemed a disbeliever (while his heart remains firm in faith), then by greater reason, one coerced into divorce should not be regarded as having effected it — provided the cause is solely coercion.
The Prophet ﷺ also said:
«لا طلاق ولا عتاق في إغلاق»
“There is no divorce and no manumission in a state of ighlāq (coercion or extreme anger).”
[Ḥasan — Sunan Abī Dāwūd, 2193]
Imām Aḥmad رحمه الله and others interpreted ighlāq as coercion and intense anger.
Khalīfah ‘Uthmān رضي الله عنه and a group of scholars ruled that divorce does not occur from one intoxicated to the point of losing mental awareness, though such a person is sinful.
Wisdom in the Permissibility of Divorce
The wisdom behind the permissibility of divorce is clear:
- At times, the woman may be incompatible with the man.
- A man may dislike his wife for various reasons — such as intellectual weakness, weakness in religion, or bad conduct.
Thus, Allah has granted the man the option to release her through divorce, giving him ease in ending the marriage.
Allah ﷻ says:
وَإِنْ يَتَفَرَّقَا يُغْنِ اللَّهُ كُلًّا مِنْ سَعَتِهِ [النساء: 130]
“And if they separate, Allah will enrich each from His bounty.”
(‘Abd al-‘Azīz bin ‘Abd Allāh bin Bāz رحمه الله)
