Divorce in a State of Intoxication

Jun 4, 2022 | Marriage & Divorce


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Scholarly opinion differs on the validity of ṭalāq issued in a state of voluntary sinful intoxication.

The majority take the view that such a ṭalāq is valid. This is the carried view of the Four Madhāhib.

*A minority view, secondarily represented in each of the Four Madhāhib except the Mālikī madhhab, and authentically traced to eminent Ṣaḥābah as well as madhāhib other than the four, holds such a ṭalāq to be invalid.

At the MJC we hold that this second position is valid to be practiced upon, especially in light of the potential impact that the prevalence of drug-induced intoxication has on family life.

This obviates the need to consider the reduction of three ṭalāqs to one.

And Allah taʿālā knows best.

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