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Fatwa CenterDivorce of a Husband on Psychiatric Medicine
Question
My brother is suffering from a severe mental illness from 1 years. He is under the treatment and take psychiatric medicines (daily tablets). Due to his mental illness, he frequently loses awareness and control over his senses. On several occasions, he pronounced two or more divorces to his wife, but this occurred when he was under medication, and apparently he had no consciousness, intention, or will. In such a state, are the divorces he pronounced valid in Shari‘ah or not?
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 
is His slave and Messenger.
Such issues related to divorce are unsuitable for issuing a Fatwa remotely; rather they should be presented in person to trustworthy scholars who are qualified to give Fatwa, so that they may inquire further about the issue and determine the reality of what has occurred.
In terms of the Shariah ruling in general; if a divorce is issued by the husband while he is acting with his free will, not under compulsion, fully aware of what he is saying, and not losing control of his senses, then the divorce is valid - regardless of whether he is mentally ill or healthy, or whether he has taken medication or not.
But if he utters the divorce under coercion or while losing his senses, his divorce is not effective.
Allah knows best.
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