Divorce pronounced in a state of anger

The husband and wife should live with love and affection.  If both of them fulfill their mutual duties as required, i.e. the husband takes care of the needs of the wife and the wife, obeys the husband according to the tenets of Islam, then an ambience of love can be easily maintained.

 

3 Ways of Reconciliation

 

If, for some reason the relations between the husband and wife become strained and the wife continues her disobedience, then the husband is advised to follow these methods:

 

1.  First, the husband should advise the wife.

 

2.  If it does not work, then the husband should separate the wife's bed i.e. the husband should stop having sexual intercourse with the wife.

 

3.  The husband should admonish her and beat them lightly.

 

Allah Ta'ala says in the Holy Quran, Surah Nisa (4:34)

 

And for those women, about whom you have the fear of disloyalty, admonish them, sleep separately from them and give them a light beating."

 

Before pronouncing divorce, the husband should use all these methods for reconciliation and should carefully consider the after-effects of the divorce.  But according the Islamic Law, it is not Obligatory (Fardh) for the husband to use these methods.  The presence of the wife is not obligatory, nor is it necessary to inform the wife either.  If the husband wants to divorce the wife, he is strongly advised to pronounce a Talaaq E Raja'i .i.e.  Revocable Divorce instead of a Talaaq e Bain i.e.  (Irrevocable Divorce) or a Talaaq e Mughallaza (Final Divorce i.e. saying "Talaaq" 3 times at once).  This has been stressed so that during the Iddat (the waiting period), the husband can reconsider his decision.  If the wife is at fault, then she will have some time to correct herself.  If someone ignores all this advice, even then the Divorce will be effective.

 

Pronouncing 3 Divorces In A State Of Anger

 

About pronouncing divorce in a state of anger, Radd ul Muhtaar Vol. 2, Pg. No. 463 has described 3 states of anger.  Out of those 3 states, in 2 states, divorce (Talaaq) will be considered as effective and in 1 state it is not.

 

1.  A state of (mild) anger in which the person has not lost his reason .i.e. he knows and understands whatever he is saying and also understands the effect of his words and actions- A divorce pronounced in this state is effective.

 

2.  Very high, almost maniacal anger in which the person has lost his reason .i.e. he does not know or understand whatever he is saying or doing nor does he understand the effects of his words or actions- A divorce pronounced in this state is not effective.  His other dealings like buying, selling, etc. are also not considered as proper.

 

3.  A state of anger which is high but the person has not yet lost his reason, .i.e.  the person still understands his words and actions and also understands the effects of these words and actions- According to the opinion of the Hanafi school of Jurisprudence, divorce pronounced in this state is effective.

 

The ruling of the second state of anger is applicable when 2 just witnesses testify about the anger as being maniacal or the person pronouncing the divorce states that on oath.  All this is when the person's maniacal anger is well known among the people.

 

As given in Radd ul Muhtaar Vol. 2 Pg. No. 463.

 

If any person ignores all this advice given by the Shariah and pronounces a final divorce without carefully considering the consequences of his move, even then according to the Holy Quran and the Hadith, the divorce will be affected and the person pronouncing the divorce will be considered a sinner before Allah Ta'ala.  If the anger of the husband is not too intense, as described, the absence of the wife or the wife's lack of knowledge about the divorce does not make the divorce ineffective.  As and when the divorce is pronounced, it becomes effective.  If 1 divorce has been pronounced, 1 becomes effective, if 3 have been pronounced, 3 will become effective.  In the absence of the wife, it is necessary that the divorce should be directed towards the wife or she should be clearly named.

 

The Shariah Ruling Regarding Pronouncing 3 Divorces Simultaneously

 

Pronouncing 3 divorces simultaneously is certainly against the teachings of the Holy Quran and the Hadith and is a sin.  When a divorce is pronounced without considering the move carefully, the partners will face many more difficulties.  Therefore, the method of pronouncing 3 divorces simultaneously should not be used and awareness about this should be created among Muslim men, so that this method which is against the Shariah should not be resorted to and this sinful course of action is blocked.  In spite of all this, if someone pronounces a Triple Talaq, it is effective.

 

Sunan Abu Dawood, Book of Divorce Pg. No..306 has a Hadith:

 

Translation of Hadith: It has been narrated on the authority of Hadhrat Sahl bin Sa'ad (May Allah be well pleased with him), that he when he was asked about the incident of Hadhrat Uwaimir Ajlani (May Allah be well pleased with him), he replied that he pronounced Triple Talaq to his wife before the Holy Prophet (Sallallahu alaihi wa sallam) and the Holy Prophet (Sallallahu alaihi wa sallam) declared it as effective.

 

This Hadith shows that Triple Talaq cannot be declared as null and void.  The consensus of the Sahabah, the Tab'ien and the Four Great Imams and the Imams of the Ahle Sunnah is that Triple Talaq constitutes a final divorce.

 

When this matter has been established by the Sahabah, the Tab'ien, the Jurists (Fuqaha) and the Hadith-experts (Muhaddithin), any other opinion against this cannot be accepted.  A point worth considering is that if a person breaks any law of state in a state of anger, then that person will be held accountable for it and will be punished and when the same person breaks an Islamic law, then excuses are given and reasons are put forth.  Muslims are bound by the laws given in the Holy Quran and the Hadith, so the opinion that a Triple Talaq pronounced in a state of anger or keeping the wife unaware of it is not tenable, is not acceptable.