Pakistan, to meet her parents with my consent. After a while we found
out about her pregnancy. Meanwhile I had arguments with my wife so I
asked her to return home. In the same tenure my Sister's Nikkah was
held on 15thDecember 2011. (We found a good match for her and we were
desperately looking for one) the boy had come from France and his
return flight was on 16thDecember 2011.
I wanted my wife to attend the ceremony of my sister's nikkah but she
said that she cannot come as she had some issues with the authorities
(my in-laws in Kuwait were black listed due to expiry of my brother in
law's residency for a long time) my wife informed me about this but I
did not believe her under the circumstances and got very angry with
her and thought that she was making an excuse. My anger was outrageous
and I have a previous history of going nuts due to anger.
The situation was that infront of my family members who were trying to
calm me down Iuttered the words "if shedidn't come on nikkah divorce
(3 times) I was so infuriated that I did not know at the time thewords
which were coming out of my mouthdidn't even remember what I was
saying, due to extreme anger, without knowing the meanings, and its
effect, I uttered the above words.
After the people around me realised what I had uttered and made me
aware of the situation, my elder brother called some mufti sahib, on
that time Mufti sahib said that its talaq e bain. One Divorce has
taken place. I was in shock thatthis was not what I meant; divorce was
far from my mind I was having a happy life with her and just wanted to
express my anger.
We called and informed my in laws of the situation. They were shocked
as well and theytried to send my wife back with in this time period
but she could notexit on account that her entire family would haveto
exit with her for goodplus they'll arrest her and then deport her.
They tried their level best to make it possible but there were some
concerned officers who were not working because of Muharram which
delayed the process. Mean while one of mufti sahib informed us that
three divorces are affected. We were shocked to learn that. They tried
a lot, used all of their references and resources but they didn'tget
the exit till Nikkah (we could not delay nikkah or make it an
engagement as we had pressure from boy's family).
I have the proof for that my father in law got the visa on 25th of
December 2011 and my wife got visa on 27th of December 2011.
My question is , please answer: 1. I divorced in extreme anger without
knowing the words coming out my mouth and I am ready to swear on it.
2. My in laws tried to send my wife but she could not make it on time.
3. I believed that she was lying to me whereasshe was telling the truth.
Praise be to Allah.
If this situation is as you describe, that when you uttered the word
of divorce you were not really aware of what youwere saying because of
severe anger, to the extent that you did not remember what you hadsaid
until those who were present told you about it, then this divorce does
not count as such. Shaykh Ibn Baaz(may Allah have mercy on him) said:
Divorce uttered in a state of severe anger does not count as such,
whether itis threefold or a single talaaq, according to the more
correct of the two scholarly opinions, if there is proof to supportthe
claim that one was in that state at the time. But if his anger was so
intense that he did not know what he was saying or doing, then
hisdivorce does not count as such according to scholarly consensus, as
in the case of one who isinsane or in a state of intoxication where no
committing of sin in involved.
End quote from Majmoo'Fataawa Ibn Baaz, 21/275
We have previously discussed the ruling on adivorce issued by one who
is angry; please see fatwa no. 45174
A similar case is that of a man who divorces his wife based on
something and if it werenot for that he would not have divorced her,
then he finds out that this matter was not correct, such as if he
divorces her thinking that she was having a relationship with another
man, then he finds out that she is innocent. In that case, this
divorce does not count as such.
See the answer to question no. 36835
To sum up: if the matter is as described, your divorce did not count as such.
And Allah knows best.
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