Pronouncing 3 Talaq 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's 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
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 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, do not make the divorce
ineffective. As and when Divorce is pronounced, it becomes effective. If one
divorce has been pronounced, one 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.
Author:
Mufti Hafidh Syed Ziauddin Naqshbandi Qadri, Professor, Islamic Law, Jamia
Nizamia
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