Question:-
My husband sent me a written Talaaq in December last year, and then a second Talaaq in January and, finally, a third Talaaq in April. It was signed by my husband on a piece of paper. I spoke to my husband, who now confirms he was not in his senses when the divorce process was initiated, due to being intoxicated. He also explained that his intention was not to issue the divorces, rather he was forced by his family. Are these divorces valid?
Answer:-
In the queried scenario, you have stated that your husband sent you a first Talaaq in December, and then a subsequent Talaaq in January, followed by a third Talaaq in April. You further state in your query, “The Talaaq was not given verbally, it was signed by my husband on a piece of paper.” You also state in your query, “I spoke to my husband, who now confirms that he was not in his senses when Talaaq was initiated, he explained his intention was also not to give Talaaq, rather he was forced by his family.”
A verbal divorce issued under duress is valid and effective as understood from the following text which was not your situation, as you stated that the Talaaq issued under duress was written, hence considered as invalid.
ويقع طلاق كل زوج اذا كان بالغا عاقلا سواء كان حرا او عبد طائعا او مكرها (الجوهرة النيرة)
However, for your information we wish to apprise you that divorce issued in a state of intoxication is valid and effective.
ويقع طلاق كل زوج عاقل بالغ ولو مكرها او كان الزوج سكران زائل العقل فان طلاقه واقع (مجمع الانهر ص384 ج1)
Notwithstanding the above, since the divorces issued (all three as understood from your query) were written under duress and sent to you, then such divorces will not be effective. You are therefore still considered as his wife.
اکر شوہر کو طلاق دینے پر مجبور کیا جائے اور وہ جبرا طلاق دیدے تب بھی طلاق ہوجاتی ہے ، البتہ اگر طلاق جبرا لکھوا لیجائے اور زبان سے شوہر طلاق نہ دے تو طلاق نہیں ہوگی –فتاوی محمودیہ ص۱۷۴ ج۱۸
If we have misunderstood the scenario in any way, then you should revert to us with the correct explanation, so that a proper reply may be furnished.
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 28 Rabi-ul-Aakhir 1434 / 03 December 2021
