🚪 Divorce, ʿiddah & rujuk · #37

The husband pronounced talaq while drunk — does it take effect?

In the Shafi'i school, the talaq of someone deliberately drunk still takes effect, as a penalty because he chose to become drunk.
If the drunkenness was unintentional (for example, swallowing medicine or being tricked), the talaq does not take effect because he is not responsible for losing his reason. Scholars differ on this issue.
The Syariah Court will decide based on the evidence. Apart from the talaq issue, drinking alcohol is itself a major sin requiring repentance, and can be grounds for fasakh if it causes harm. See talaq & divorce.

Differences between the schools. Hanafi, Maliki, Shafi'i (authoritative view): it takes effect. One Hanbali narration, Ibn Taymiyyah and some scholars: it does not, because of loss of reason.

Sources

Surah an-Nisa' 4:43State enactments

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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