Does divorce occur if the husband swears emphatically that he was in a state of anger, out of control, and not knowing what he was saying, or is the wife still lawful to him and the divorce has not occurred?
Marital life is based on understanding and overlooking faults to achieve love and mercy. Spouses must preserve the solemn covenant of marriage and resort to legitimate, -compliant solutions when problems arise.
Anger that does not result in divorce is that which causes one to lose consciousness and control over their actions. However, if the anger is moderate or ordinary, then divorce occurs.
If a divorce has occurred, the wife does not have the right to refuse to return to her husband's home if he wishes to take her back, as long as this is the first or second divorce and before the waiting period () ends. It is advisable to consult specialized Sharia authorities to rule on the matter.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 41269
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy