Is the threefold divorce issued by the husband while in a state of extreme anger valid, given that he was aware of what he was saying and believed that this divorce would not be effective in such a situation, and that his intention was to threaten, not to divorce?
The majority of scholars hold that a wife is irrevocably divorced (bainunah kubra) if her husband says to her: "You are divorced by three (talāqs)." He cannot take her back unless she marries another man (a marriage of desire) and he consummates the marriage with her, then divorces her or dies, and her ' (waiting period) from him expires. It does not matter whether he did not intend to divorce her or intended only one divorce.
Some scholars, such as Sheikh al-Islam Ibn Taymiyyah, are of the view that a divorce uttered as three counts as one, and the husband can take his wife back during her 'iddah.
As for anger, the majority of scholars believe that the divorce of an angry person is valid as long as he has not completely lost his mind. However, some scholars believe that the divorce of an angry person does not occur if his anger is severe, even if he has not completely lost his mind.
The questioner is advised to refer to the courts, as the judge's ruling settles disputes.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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