Angry and mentally disease person talaq in Shariah

13 Jan 2022 Ref-No#: 4217

Angry person talaq in Shariah

Question : Assalamu Walaikum Waa Rahmatullah Waa Barakatuh. Few months,ago, my husband got angry on me about the reason that, my little daughter got hurt by falling back side. Then she got hurt on her head a little bit. For this reason, suddenly my husband got very angry on me after that started hit me with hands, hit my head into the wall by cought my neck. I was trying to stop him and was trying to save me from him. But i don’t know why, he couldn’t stop him anyway. Again he was trying to beats me with wooden piece one my forehead, already i was very injured my back head and my forehead, my body another side too. I was not notice him as my husband!! he seems to me as unknown person, who wanted to kill me! I couldn’t stop him at any way, mmy little girl was also crying loudly. His eyed, his face, his body language was extreme level dangerous that time. The incidence was happening minimum half n hour. In that case i tried to call my mother to sent my elder brother to safe ma, as he was trying to kill me! He wasn’t seems as normal ever. His anger, his movement too! Aftertaste that i call my mother to send my brother. Then he take the mobile by force with me and broken it very rudely. Then he said three talaq by saying one talaq two talaq three talaq.He also used my father name too. But he did many abnormal behaviour with me with my brother after his coming, also he tried to kill Himself by knife, also wanted to jump from fifth floor where we live. In that situation, what would be the say of our Islami Shariah? He cannot remember what he did with me and what said to me? Doctor also prescribed that he was suffering very much mental disorder by effected three types of mental disease. This type patients cannot remember and say what he did and say? Also he is suffering unnecessary unsafe behaviour attitude, that someone wants to kill him, someone follow him to kill etc.

Answer

Assalāmuʿalaykum Wa Raḥmatullāhi Wa Barakātuh

There are 3 categories pertaining to the state of anger:

1. A person is able to make conscious decisions and has full control over his speech and actions.

The ṭalāq of such a person will be effective.

2. A person’s consciousness is distorted.

The ṭalāq of such a person will not be effective.

3. A person’s consciousness is not distorted, but at the same time, he does not have full control over his speech and actions.

The ṭalāq of such a person is effective, according to the most preferred opinion.

Furthermore, we advise that you consult with a reliable and upright local scholar who, based on the aforementioned rulings, will assist in determining whether ṭalāq in the enquired scenario was effective or not.