🚪 Divorce, ʿiddah & rujuk · #11

The husband pronounced divorce in anger — does the talaq take effect?

Talaq in ordinary anger still takes effect, but if the anger reaches the point of completely losing rational control, scholars differ.
Scholars divide anger into three: mild anger (aware of what is said) — talaq takes effect; anger that removes reason so that one is unaware — talaq does not take effect; and an intermediate level that is disputed. Most talaqs happen in anger, so the excuse "I was angry" does not automatically cancel a talaq.
The Syariah Court will assess the circumstances, words and intention of the husband before confirming the talaq. Do not pronounce anything while angry; take wudu' and leave the place first. See talaq & divorce.

Differences between the schools. Majority of Shafi'is: it takes effect as long as the husband is aware of his words. Ibn al-Qayyim and some Hanbalis: it does not in extreme anger that overrides self-control.

Sources

Sunan Abu Dawud 2194 (hasan)State 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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