Does a divorce issued by the husband while in a state of extreme anger count, whether that was in a direct conversation, over the phone, or in a car following an argument?
If you pronounced a divorce while in a state of extreme anger that deprived you of awareness, then your divorce is not effective. However, if the anger did not reach this extent, then your divorce is effective. It makes no difference whether you thought it was the first or second divorce. You are not obliged to accept your wife's statement if you do not recall the divorce, unless you predominantly believe she is truthful.
If you have completed three pronouncements of divorce, your wife has become irrevocably separated from you (bainunah kubra), and she is not lawful for you unless she marries another man and he then divorces her or dies, and her ' (waiting period) expires. However, if you divorced her fewer than three times, you may take her back before her 'iddah ends. Some scholars hold the view that divorce pronounced in extreme anger is not effective even if one does not lose awareness. It is advisable to present the matter to a court or to trustworthy scholars. It is also advised to avoid extreme anger, due to the Prophet's (peace and blessings be upon him) saying: "Do not get angry."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 140732
- 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