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The question

What is the ruling of Islamic law regarding a triple divorce pronounced by a husband who uses Captagon and suffers from a mental illness, given that the wife has no one and does not wish to leave her children with him?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Anger or psychological illness may affect the occurrence of divorce. This cannot be definitively determined except by consulting scholars or referring to the court. Regarding the repetition of the word "divorce": if the husband intended to initiate divorce with the first utterance only, making subsequent utterances a confirmation, or if he did not intend anything, then only one divorce occurs. However, if he intended to initiate three or more divorces, then three divorces occur according to the majority of scholars. If a wife is divorced three times, she becomes irrevocably separated from her husband with a major separation (baynunah kubra), and she is not lawful for him until she marries another husband. A husband's prohibition of his wife depends on his intention (whether it is Dhihar, divorce, or an oath). The husband's statement, "You are divorced," effects a divorce. The custody of children belongs to the mother as long as she does not remarry; then it transfers to whoever is most deserving of them. An unrighteous father has no right to custody.

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Original fatwa ID
126682
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