Ruling on Divorce Issued in Insanity – Sharʿi Decision
Source: Fatāwā Rāshidiyyah, p. 458
❀ Question
The scholars of Islam were asked:
Ghulām Muḥammad, while in a state of insanity, pronounced three divorces upon his wife. However, no witnesses were present. The written document presented as a divorce deed also bears forged signatures. Moreover, even after this supposed divorce, Ghulām Muḥammad continued to visit his wife and provide her with maintenance. In light of Sharīʿah, has this divorce taken effect or not?
❀ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
It must be clearly understood that in such a case, the divorce does not take effect, because as stated in the ḥadīth:
((عن علی أن رسول الله صلى الله عليه وسلم قال رفع القلم عن الثلاثة عن النائم حتى يستيقظ وعن الصبى حتى يشب وعن المعتوة حتى يعقل.))
(Sunan al-Tirmidhī, Kitāb al-Ḥudūd, Bāb Mā Jāʾa Fīman Lā Yajibu ʿAlayhi, ḥadīth no. 1423)
Translation:
ʿAlī رضي الله عنه reported that the Messenger of Allah ﷺ said: “The pen has been lifted from three: from the sleeper until he wakes up, from the child until he matures, and from the insane until he regains sanity.”
From this narration, it is evident that the divorce of an insane person is not valid.
Additional Considerations
◄ In this case, no witnesses were present.
◄ The written divorce deed was not in the husband’s handwriting, and the signatures on it were forged.
❀ Conclusion
Therefore, from the Sharʿi perspective, this divorce has not taken place. Consequently, the husband will still bequeath to his wife one-eighth of the inheritance in the presence of children, as her lawful share.
ھذا ما عندی واللہ اعلم بالصواب
