A Newly Reverted Husband Issuing Divorce while Intoxicated
30-10-2025 | IslamWeb
Question:
Assalamualaikum. I am a Sunni Muslim from Malaysia and we believe in Imam Al Syafy’i/Shafi’e. My husband is a revert and knows nothing about talaq. Last night we were in a heated argument and my husband was intoxicated. During the argument, I forced him to say I divorce you, I divorce you, I divorce you. We both had no intention of it and are now questioning the validity of the divorce. We do not know how to move forward and we are ashamed of our behavior. We do not know what this means for us.
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, is His slave and Messenger.
We congratulate your husband on the blessing of entering Islam, and we ask Allah the Almighty to grant him steadfastness upon it until death. We advise him to be diligent in seeking beneficial knowledge, performing righteous deeds, attending gatherings of goodness, and keeping the company of the righteous. This will help him remain steadfast in obedience and avoid sins and prohibitions, especially alcohol, for consuming alcohol it is among the major sins and it is the “mother of all evils,” leading a person to commit many grave sins.
We are surprised by your action of forcing your husband to pronounce divorce and prompting him with its words while he was intoxicated, as you mentioned.
Regarding the issue of divorce, we advise you to consult a scholar in your country, since divorce is solely in the husband’s hand and its ruling depends on his state of mind at the time of pronouncing it, as well as on his intention in cases where intention matters. He himself knows best whether he was lacking legal capacity (due to intoxication) or not.
For general benefit, we clarify the following:
First: If the husband is unaware of the wording of divorce and its legal implications - meaning he does not understand its meaning - then nothing is binding upon him, because he is not consciously choosing divorce. Intention is a fundamental pillar of divorce, and without it, the divorce does not take effect.
Second: The scholars have differed regarding the divorce of an intoxicated person. The majority held that it occurs, while others held that it does not take place if the person has reached a state where he no longer knows what he is saying. This latter opinion was chosen by Shaykh Al-Islam Ibn Taymiyyah, may Allaah have merc upon him.
Third: If a husband says to his wife: “I divorce you,” this does not lead to divorce unless he intends to divorce in the present time (now and not in the future). In this case, divorce will take effect.
Finally, we stress the importance of consulting a qualified scholar or reaching out to Islamic centres to explain the ruling and clarify the practical steps you should take.
Finally, we emphasize the importance of working towards everything that strengthens the stability of the family, preserves its unity, and closes the doors that lead to disputes and separation.
Allah knows best.