Lucknow: Islamic seminary Darul-Uloom
Deoband has said in a fatwa that divorce given in an inebriated condition over phone is a valid "talaq".
The fatwa has been issued by Darul Ifta (fatwa department
of the seminary) on March 13 in reply to a query posted by a person, who enquired whether talaq given in an inebriated state would be considered valid and if yes then what could be done under such circumstances.
"Recently after getting drunk my brother-in-law told my
sister on mobile cell phone "mein tujhey divorce deta hun, tujhey talaq deta hun teen bar talaq, talaq, talaq," he said.
Now my brother-in-law is feeling guilty and wants to
resolve, he added further.
"Can you please elaborate in the light of Shariah first
whether these sentences will be considered as talaq and second
if the answer is a yes, then please guide us further, what to
do next in these circumstances," he enquired.
Darul Ifta in its reply said that in case if the talaq
was uttered thrice to the woman then she became "haram" for
her husband.
"Now she cannot marry your brother-in-law without a valid
halalah because talaq takes place by mobile and in the state
of drunkenness also," the fatwa said.
"After the iddah is over, the divorced woman should be
married somewhere else. In this case her nikah with your
brother-in-law is not lawful in any way. Yes, if the second
husband dies or he divorces her after having marital relations
then after completing iddah she may marry her first husband,"
it added.
PTI
First Published: Thursday, March 29, 2012, 14:19