Topic:
The ruling of a divorce issued in an extreme state of anger, but not reaching the level of insanity or disorientation
(No-33481)
I'm living in Germany with my wife.
Formal Statement for Fatwa / Scholar ConsultationPersonal Context:I am writing to seek guidance regarding an incident that occurred between my wife and me. I have a history of rage and anger issues. Normally, I become hyper within seconds and feel like I am ready to burn all my bridges. I kindly request you to keep my name and personal details private. Incident Details:Date & Context:
Yesterday (23.11.2025) , I went outside for a walk with my baby (~11 months old). It was raining (freezing rain).Event During Walk:
Halfway through the walk, my baby started crying very loudly and very quickly. I tried to calm him by flashing a light and talking to him, but it did not work.I could not understand how to calm him because he wanted to come out of the stroller, and unfortunately, I did not have a blanket with me, so taking him out was not an option initially. Later, I remove him from the stroller and tried to calm him. He burped and stopped crying.After a couple of minutes, I attempted to put him back in the stroller, and he started crying loudly again. People passing by turned and looked at me. I became anxious because, in Germany, I fear that the Jugendamt (Youth Welfare Office) might take the baby.Despite his crying, I decided to put him back in the stroller. After some time, he vomited and started hiccupping due to continuous crying. This situation increased my anxiety, as I cannot handle such stress well.Incident at Home:
When I returned home, I exploded at my wife and told her that the baby should not be fed watermelon at night. This led to an argument. During the argument, my wife insulted me by calling me “kutta ka bacha” (son of a dog). I responded in a similar manner, and then she responded with the same intensity.In the heat of the moment, I suddenly said:
“Main tumhe talaq deta hoon” (I am giving you a divorce) (I said only one time, then I came back to my senses).Mental State During Divorce Statement:I was in a state of extreme anger and mental overload.I experienced temporary blackout, narrowed vision, and an inability to think clearly.I had no intention of divorcing my wife, and I did not consider the meaning or consequences of my words.I regained full awareness immediately after saying the words.Additional Context:This was my first divorce statement; I have never divorced my wife before.During the incident:My wife was not menstruating.We had sexual activity a few hours prior, but my wife still needed to perform ghusl (ritual shower).I have a pre-existing condition of rapid anger escalation and occasional temporary emotional blackouts.Reconciliation:After this incident, my wife and I have both decided to continue our life together in a positive way. We have apologized to each other and agreed to stay together.Request for Guidance:
Given that I uttered the talaq under extreme anger, without intention, and without understanding its meaning or consequences, I would like to inquire:Is this divorce valid according to Islamic law?If it is not valid, what steps, if any, should I take to ensure compliance with Shariah?Now, we both decided to continue our life in a good way and decided to stay together, we apploigise with each others.
I respectfully request your guidance and a formal opinion (fatwa) regarding this matter.Best Regards,Bilawal [email protected]+49 176 76868563
Respected Sir,
Please clarify whether, at the time of divorce, you were so overwhelmed and mentally absent that you had no control over your senses or your speech, and the words of divorce slipped from your tongue without intention and without choice —
or were you not in a state of insanity or unconsciousness, and still had some level of control over your senses?Only after this clarification can your question be answered.
answer:
Based on my condition at that moment, I was overwhelmed and mentally unfocused to the extent that I had no proper control over my senses or speech. The words came out without calm intention and without deliberate choice. I was not insane, but I was not in a state where I could think, intend, or decide properly
It was like I'm in different state or different world. My thinking and controlling ability was impaired. After saying divorce word I came back in my sense like, someone woke up after having a horrible dream.

In the situation mentioned in the question, if at the time of issuing the divorce, the husband was in a state of insanity or disorientation, such that he had no control over his senses or speech, and was unaware of the words of divorce and their consequences, then no divorce has taken place upon his wife.
However, if he was not in such an extreme state of Unconsciousness, but was only in a condition of intense anger while still being aware of the words of divorce and their implications, then the divorce has taken effect upon his wife.
In such a case, the husband has the right to revoke the divorce (do ruju’) within the ‘iddah (three menstrual cycles).
After ruju’, the husband will have only two divorces remaining in the future.
Since the matter of divorce is extremely serious, it is necessary for the husband to keep the fear of the Allah in mind, scrutinise his state carefully, and act accordingly.
۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔
دلائل:
رد المحتار: (244/3، ط: دار الفکر)
قلت: وللحافظ ابن القيم الحنبلي رسالة في طلاق الغضبان قال فيها: إنه على ثلاثة أقسام: أحدها أن يحصل له مبادئ الغضب بحيث لا يتغير عقله ويعلم ما يقول ويقصده، وهذا لا إشكال فيه. والثاني أن يبلغ النهاية فلا يعلم ما يقول ولا يريده، فهذا لا ريب أنه لا ينفذ شيء من أقواله. الثالث من توسط بين المرتبتين بحيث لم يصر كالمجنون فهذا محل النظر، والأدلة على عدم نفوذ أقواله. اه. ملخصا ..... فالذي ينبغي التعويل عليه في المدهوش ونحوه إناطة الحكم بغلبة الخلل في أقواله وأفعاله الخارجة عن عادته، وكذا يقال فيمن اختل عقله لكبر أو لمرض أو لمصيبة فاجأته: فما دام في حال غلبة الخلل في الأقوال والأفعال لا تعتبر أقواله وإن كان يعلمها ويريدها لأن هذه المعرفة والإرادة غير معتبرة لعدم حصولها عن الإدراك صحيح كما لا تعتبر من الصبي العاقل
اعلاء السنن: (180/11، ط: ادارۃ القرآن)
والمراد الغضب الذي یحصل به الدھش وزوال العقل فإن قلیل الغضب لایخلو الطلاق عنہ إلانادراً، وقد قلنا بعدم وقوع الطلاق في مثل ھذا الغضب قال الزیلعی: قال فی التنقیح: وقد فسرہ أحمد أیضًا بالغضب۔ قال شیخنا : والصواب أنہ یعُمّ الإکراہ والغضب والجنون وکل أمرٍ ا نغلق علی صاحبہ عِلمُه وقصدہ، مأخوذ من غلق الباب.
امداد الاحکام: (560/2، ط: دارالعلوم کراچی)
امداد المفتین جامع: (228/9، ادارۃ المعارف)
واللہ تعالٰی اعلم بالصواب
دارالافتاء الاخلاص، کراچی