Deoband: talaq given in a state of drunkenness valid

A file photo of the main campus of the Darul Uloom in Deoband.

A file photo of the main campus of the Darul Uloom in Deoband.   | Photo Credit: Tashi Tobgyal

After 3 talaqs, woman becomes illegal for husband

Darul Uloom Deoband has ruled that talaq (divorce) given in a state of drunkenness is valid. A fatwa to this effect was issued by Darul Ifta (Fatwa Department) of the Islamic seminary on March 13.

The ruling was issued on a question from a concerned brother on February 21, 2012. He wanted to know from Darul Ifta about the fate of his sister's marriage in the backdrop of his drunk brother-in-law telling her main tumko talaq deta hoon, talaq, talaq, talaq (I give you talaqtalaq talaq talaq).

The woman came to know some time after her marriage, which took place about two and half years ago, that her husband was a drunkard.

The couple have no children. Recently, the husband, in a drunken state, uttered ‘talaq' thrice over the mobile phone, the woman's brother complained, adding, his brother-in-law was regretting what he had said.

In the light of the Shariah, was his sister's marriage still valid?

The Darul Ifta said: “In case the question is correct, three talaqs took place [on your sister] and the woman became haram [illegal] for her husband. She cannot remarry her husband without a valid halalah [just] because talaq takes place by mobile and in a state of drunkenness.”

Laying down the condition for a re-marriage, the Darul Uloom said: “After the completion of the iddah period, a divorced woman should marry someone else. If the second husband dies or divorces her after the marital rights, she can remarry after completing the iddah period.”

When contacted, Ittehad-i-Millat Council president Maulana Tauqeer Raza Khan, who belongs to the rival Barelvi school, defended the Darul Uloom fatwa.

“Qanoon-i- Shariah cannot change; whether talaq is said in an inebriated state or in a normal state, it was talaq.”

The Maulana likened talaq to a pathar (stone) and nikah (marriage) to a sheesha (glass), and said if a “stone is thrown at the glass, the glass will break.”

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Printable version | Feb 29, 2020 1:20:20 AM |

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