Monday 27 Thu al-Qa‘dah 1443 - 27 June 2022
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She made her husband very angry and asked him to divorce her, so he divorced her

Question

I made my husband extremely angry and I asked him for a divorce, and I forced him to do that. I locked the door and said to him: Do not go out until you divorce me, so he divorced me when he was angry, but he did not have any intention to divorce me. Now I regret that. Does the divorce count as such?

Answer

Praise be to Allah.

Firstly:

With regard to divorces (talaaq) issued in a state of anger, in some cases the divorce does not count as such, according to scholarly consensus; in some cases it does count as such, according to scholarly consensus; and in some cases there is a difference of scholarly opinion concerning it, depending on the type and severity of anger. This has been discussed previously in the answers to questions no. 22034 and 45174 .

To sum up, in the event of the type of (severe) anger in which a person does not know what he is saying, the divorce does not count as such.

The same applies to extreme anger that pushes a man to issue a divorce, whereas if he had the choice and was calm, he would not issue a divorce. In this case the divorce does not count as such, according to the more correct view which was favoured by a number of scholars. Based on that, so long as your husband uttered the word of divorce in a state of extreme anger, then the divorce does not count as such.

Secondly:

It is not permissible for a woman to ask her husband for a divorce unless there are grounds to do so, such as if the husband mistreats her, because of the reports narrated by Abu Dawood (2226), at-Tirmidhi (1187) and Ibn Maajah (2055) from Thawbaan (may Allah be pleased with him), who said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Any woman who asks her husband for a divorce for no good reason, the fragrance of Paradise will be forbidden to her.” This hadith was classed as saheeh by al-Albaani in Saheeh Abi Dawood.

But if she does that out of extreme anger or frustration, then she must seek Allah’s forgiveness and not do that again.

And Allah knows best.

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Source: Islam Q&A