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Fatwa CenterHusband has given written divorce three times
Question
My husband has written divorce on a paper and given it to me. He has done this 3 times at intervals of 5 years each, the last being 15 days ago. The doctor agreed he is a psychic patient and should be treated continuously for his problems. He is a dual personality; sometimes he good and sometimes he acts very absurd; he also drinks alcohol and in the state intoxication he remembers everything he does. Sometime in that state he drives a car; he also remember every body in that state. After he recover from that state. In that state he wrote divorce on piece of paper 3 times at the interval of 5 years each, the last 15 days ago. Now he wants me to come back. I have 4 daughters. Is my marriage nullified or intact? Please give me Fatwa in the light of Qur'an and authentic Hadith.
Answer
Praise be to Allah, the Lord of the World; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
If your husband was aware of his behavior at the time of writing the paper of divorce, then the divorce would be valid even if he was ill or in the state of drunkenness.
However, if it is proved that he was unconscious and was not aware of what he was writing due to severe illness or dominance of drunkenness, then we hope that such divorce is not valid according to some scholars, since in this case he did not have any intention to divorce. The Prophet (Sallallahu Alaihi wa Sallam) said: "The deeds depend on intentions, and every person will get what he intends". [Reported by Imam al-Bukhari]
We advise you both to consult an Islamic court in your country or any nearest Islamic country or to refer to an Islamic center to make sure of the condition of your husband at the time of divorce.
Allah knows best.
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