Uttered Divorce Twice In Anger Without Intending Divorce
Fatwa No: 395773

Question

My husband said divorce word two times to me without having any intention to divorce me.he was in anger and also he was on drug called weed . he said "divorce" "divorce" only but after 20 minutes we became normal once our argument/fight finished. After watching alot of videos about divorce i got to know that i got divorce and to get back with my husband .my husband has to be with me in pressence of witnesses. Even tho my husband just say it was anger i didnt had intention to say divorce word if i wanted i would have said three times because he thinks in his knowledge abour divorce was if you say it three times than divorce happens. we werent aware of this.if we were not aware of this that mean our divorced happened even tho we love each other and cant live without eachother. Im really confuce . Can you please help me. Every scholar has his own opinion i dont know who to listen . My husband says he has to answer God and he knows he didnt had that intention it was just action reaction. Islam is flexible religion. Its not that easy to divorce your wife so please answer me to all of my questions

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Uttering divorce with explicit words does not depend on the intention of the husband or his knowledge that such words make divorce effective. The view we adopt, here in Islamweb, is that the divorce of a drunken or an angry husband is effective unless drunkenness or anger renders him unconscious or he loses control over his mind. We have already highlighted this in Fataawa 89850, 87585, 388225, 322960, 220696 and 84170.

Therefore, if your husband had willingly divorced you two times and was aware of what he was saying, then his divorce is effective. However, he can take you back before the expiry of your waiting period. Taking you back is achieved by him saying: “I take you back.” It is desirable to have two people witness him taking you back.

You should know that it is an obligation on a common person to imitate a Mufti (scholar) whose knowledge and religion he trusts, as we have already highlighted in Fataawa 384565, 374002, 384031, 367444, and 202966.

Allah knows best.

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