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Talaq Under Intoxication: Intent & Moral Accountability
Respected Mr Ghamidi Sahib,
I seek your guidance regarding a situation in which a husband was severely intoxicated during a phone conversation with his wife. He has no recollection of the conversation or of uttering any words of divorce; however, his wife states that he pronounced talaq three times during that call.
Given the impaired mental state, absence of memory, and lack of conscious intention, how is such a case viewed in Islam? Does a statement of divorce made under these circumstances take effect? How are intention (niyyah) and moral accountability assessed when intoxication removes awareness and clarity?
I would be grateful for your guidance on this matter.
With respect and regards,
Amjad Khan
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3 Replies
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Talaq Under Intoxication: Intent & Moral Accountability
updated 1 month, 2 weeks ago
2 Members
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Replies
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A serious and sensible intent is required for divorce. If the husband was not in the right state of mind, the words of divorce he uttered would have no effect.
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JazakAllah khair.
I humbly request for a fatwa in this matter for reference.
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