Does a divorce issued by a husband who is quick to anger, and whose anger escalates to severe beating and furniture breaking, count, especially when he swears to divorce three times if his wife goes to her family, knowing that after his anger subsides, he regrets it, and that when his anger subsides, he is a wonderful husband, and is he entitled to prevent his wife from visiting her family?
The general principle is that anger does not prevent the occurrence of divorce unless it reaches the point of loss of awareness. If the husband utters the divorce while he is unaware, it does not take effect. Similarly, his swearing by triple divorce to prevent his wife and daughter from going to her family, if it was uttered during intense anger such that he was not aware of what he was saying, then in this case the wife can go to her family's house and nothing will result from it. However, if he was aware of what he was saying, then her divorce takes effect as three [talāqs] according to the majority of scholars. It is advisable to present the matter to the court or to someone whose knowledge is trusted, and the husband is also advised to avoid the causes of anger and address the matter.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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