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Divorce In Anger
My husband divorced me at 4 different times in the last month. He was angry and full of rage. I was in a state of purity in which we had had intercourse, all of those 4 times. Is this divorce Valid?
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11 Replies
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Divorce In Anger
updated 1 month ago
2 Members
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11
Replies
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It is valid if he had a serious intent to divorce you; it has occurred. This is one occasion; it can be counted as one divorce, and he can reconcile during the iddat period.
If he had no serious intent and, out of rage, uttered divorce, then it is not valid.
Marriage is a contract like any other contract. It can’t be revoked without serious intention.
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Can you please describe a little more on Serious Intention. It means the man has to have an intention to divorce before having a conversation with his wife?
If he never had an intention but got triggered in the heat of the moment, got furious during an argument or fight and uttered these words, it’s invalid then?
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Right. A serious intent is a conscious intent. In a heat of moment serious intent is not found. Just like other contract, no momentary, unintended utterance can break a contract.
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I just talked to my husband. I also mentioned it above but just making sure since it is a very sensitive issue. I was in the state of purity in which we had had intercourse between all four of those divorces. He did it as ruju each time… but we never consulted a scholar and all this happened in the course of one month. Is it valid or invalid?
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The husband has to confirm whether he divorced his wife seriously and intentionally. If not, then it is not valid. However, this non-serious attitude can lead to a real divorce. He should know the sanctity of Nikah. If he really wants to divorce you, he should do it seriously and responsibly.
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That’s true. But as of all of events that took place, does it count as 1 or 3… in case he was intentional?
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It is one, because it gave it during one period of iddat.
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Some scholars also argue that divorce is invalid if the woman was on her period, in the state of purity where the man had intercourse with her, and postpartum bleeding.
Can we consider this divorce invalid based on that?
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The court has authority to declare it invalid.
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What is your take on it as an Islamic Scholar?
I’m in USA, court here knows nothing of Shariah.
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Your case has to be decided according to shariah. I have no idea how US courts accommodate religious issues of Muslims. Muslim community must have some arrangements for such issues. You can take our Fatwa and ask your husband for reconciliation.
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