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Pronouncing
divorce whilst in a state of anger
*Please appropriately reference
this fatwa to: www.fatwa-online.com, thankyou!*
Question:
I divorced my wife whilst I was in a state of extreme anger,
so I said to her: "You are divorced, divorced",
twice. So does this constitute a divorce or not? (Kindly)
enlighten me (and) may Allaah reward you with good.
Response:
If the anger was extreme, and there were clear reasons (for
this anger) such as beating each other or verbally abusing
each other, then divorce does not occur whilst in a state
of extreme anger, according to the most correct of the two
opinions of the scholars. This is because the one who is extremely
angry does not understand the harmful effect(s) of divorce
and does not realise this (at the time), so he is similar
to one who is deranged and mad. So (the declaration of) this
divorce is incorrect.
However,
if the anger was mild, or there were unacceptable reasons
(for this anger), then this case would not be heard (by a
judge), and therefore (the declaration of) divorce is applicable.
Shaykh
Ibn Baaz
Fataawa at-Talaaq - Question 11, Page 25
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