Salamu 'alaykum
To my knowledge, such a divorce will not be effective. In the fiqh texts they mention regarding "anger" and divorce that anger wherein one reaches a state of junun will not be effective mainly due to the fact that such a pronouncement was done unconciously.
The same is the case with sleep.
May My Soul be sacrificed for your soul, my beloved, my master Muhammad - peace and blessing upon you- !
روحي لروحك الفداء يا حبيبي يا سيدي محمد
Divorce (Talaaq)
Title
A Preson had a fight with his wife and while a sleep had uttered triple talaq. Which was convyed by her wife to a friend
Question
It happened in Y'day in Eastern part of India, that a Preson had a fight with his wife and while a sleep had uttered triple talaq. Which was convyed by her wife to a friend, later it reached to cleric and Fatwa was issued that wife is divorced.
i) Please explain if is right that even in state of sleep, or intoxicaneted if a Man utters triple talaq wife get divorced.
ii) With this issue the non muslims started saying that " its such a injustice that in a sitution even a women is at no fault she is seprated from her husband, if wants to get remarried to the same guy she needs to marry someone else have physical relationship with second one ( next husband ) divorce him and remarry the pevious one.
How to explain this to non muslim critics. Please explain in detail.
Answer
All the Fuqahaa are unanimous that Talaaq pronounced in one’s sleep is not valid. The cleric has erred in his ruling and brings to question his qualification in Shari’ah.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
The reason for all trouble on earth, is that people have lost sight of their Lord’s Will behind all events. They have lost sight of the hand of the One Who is testing them through those events. They have stopped seeing events as tests from their Lord. Therefore they continue failing those tests. "
the masala for anger is not the same as sleepOriginally Posted by salman
Category
Divorce (Talaaq)
Title
What is the difference between a talaaq given during sleep and extreme anger and drunkenness
Question
Please describe when the talaq will be valid and the nikah will become void in the following 2 situations. 1. the talaq is given during sleeping, the words come out from the husband's mouth. 2. when the husband is drunk and is in extreme anger and gives divorce 3 times.
Answer
1. The Talaaq is not valid when given during sleeping.
2. The Talaaq is valid.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desa
The reason for all trouble on earth, is that people have lost sight of their Lord’s Will behind all events. They have lost sight of the hand of the One Who is testing them through those events. They have stopped seeing events as tests from their Lord. Therefore they continue failing those tests. "
bro Ahmed.
Who are these clerics who give these off fatwas in India? Is the media making this up?
Assalaamu 'alaikum
Why would a drunk person's pronouncement of talaq be counted as valid? Isn't he more or less out of his mind?
I guess the media is putting it in the spot light
Who are these clerics who give these off fatwas in India? Is the media making this up?
the ruling seems to come from "elders " OR "LEADERS".............
we have a similar case here in dewsbury with a very high profile brother regarding the anger,majnoon , state of mind, situation.and im in the middle.phew.
may allah make us realize that we should acquire taqwa ,intense fear ,if we are given positions of power.
thats why knowledge should be from the correct sources
and may allah guide us
The reason for all trouble on earth, is that people have lost sight of their Lord’s Will behind all events. They have lost sight of the hand of the One Who is testing them through those events. They have stopped seeing events as tests from their Lord. Therefore they continue failing those tests. "
As Salaamu Alaykum,
Following is a detailed answer from Mufti Muhammad ibn Adam on this topic:
Is Divorce Pronounced During One’s Sleep Valid?
Wasalaam.
Yes, this is why i coupled anger with junun.
Wasalam
May My Soul be sacrificed for your soul, my beloved, my master Muhammad - peace and blessing upon you- !
روحي لروحك الفداء يا حبيبي يا سيدي محمد
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