Does a divorce occur when a husband says to his wife, "You are divorced," while he is angry and under the influence of drugs, and does the ruling differ if there has been a valid seclusion (khalwa) without consummation?
If a husband divorces his wife with an explicit divorce, being fully aware of what he is saying and not of unsound mind, then his divorce is valid, even if he was angry or intoxicated. If the divorce occurs before consummation and privacy (al-khulwah), it is an irrevocable divorce (ṭalāq bā’in), and the husband cannot take her back except with a new contract. However, after privacy (al-khulwah) in which intercourse is possible, it is considered equivalent to consummation according to some scholars, and the divorcing husband can take her back without needing a new contract. The husband must offer sincere repentance for drug abuse, as it is a reprehensible act and a major sin.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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