Is uttering the divorce formula before the Ma’dhun (marriage officiant) considered an actual divorce and counted among the three divorces, despite the absence of intention to divorce, and the husband being under the influence of drugs, knowing that the Ma’dhun harassed the wife and had ill intentions?
The decisive factor in the divorce pronouncement you uttered to the ma'dhun (marriage official) is your intention as the husband. If you intended to narrate a previous divorce, then a second divorce has not occurred. However, if you intended to initiate a new divorce, then it is considered a second divorce. Divorce pronounced under the influence of drugs is valid unless the person is not aware of what he is saying. You must offer sincere repentance from drug use. We advise you to be keen on resolving marital problems through understanding and dialogue, and to be cautious about being lenient with divorce. For a divorce to occur, it is not a condition that it be documented or pronounced in front of the ma'dhun.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 161654
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy