Divorce, a conflict in Orisa

Re. Sahara India TV….(I am looking for a link, may be will appear in some news soon.)

In Orisa, India, one Muslim husband under the influence of intoxication, quarreled with his wife, repeated ‘talaq’ thrice, and after some time he realized his mistake.

Some women organizations came in support of the family, but the local Muslim junta is looking at it as an attack on the religion. For them this divorce is valid and should be honored.
So far situation is tense.
The person was drunk, an action prohibited in Islam, and so any action taken in such situation must not have any validity, but local Muslims have made this divorce a prestige issue.

^
a divorce given in the condition of being drunk is considered as a normal divorce....
in such a case under th rule of Umar (ra) he refused to grant 'benefit' to a drunkard by 'easing' the law for him....

Serves him right, I'd say.

Then again, I am not sure if Hanafi opinion of three-in-one-sitting-is-valid has as much of a stronger evidence as the other opinion of three-in-one-sitting-is-considered-as-one. I'd go for latter.

[QUOTE]
*Originally posted by armughal: *
in such a case under th rule of Umar (ra) he refused to grant 'benefit' to a drunkard by 'easing' the law for him....
[/QUOTE]
Question mark on it ?.

Warning: this discussion is diverted to sectarian discussion. Comments are reserved!

^ Well, don't start a sectarian discussion, then. Instead, you can reply by explaining what your school of thought would have decided in the scenario explained in the first post. That way readers can get knowledge on how different schools of thought tackle the same issue.

Why must we criticize someone else to make a point?

(1) The Divorce of the Drunk in invalid in islam.

(2) Three Divorce in one sitting is not valid in islam; its an innovation.](http://www.answering-ansar.org/answers/bidah/en/chap4.php)

(3) Divorce when woman is in the period of menstruation is not valid](http://al-islam.org/quran/)
Sura 65 Aya 1 to 12 - Search for sura with all Translators

The Divorce of the Drunk

Zakariya b. Adam narrated, saying: “I asked Imam al-Rida`, peace be on him, about the divorce of the drunken, the boy, the mad, the one whose reason is overcome, and the one who has not gotten married yet; and he answered: ‘It is not permissible.’ [1]”
The divorce of these people is not correct. As for the drunk, his divorce is not correct, for he has no awareness. As for the boy and the mad, the pen has been raised from them; therefore their divorce is not correct. As for him who has not gotten married yet, namely has not made a marriage contract with his wife, his divorce is invalid.

[1] Al-Tahdhib, vol. 2, p. 270.

**Three divorces in one session? **

In Islam, divorce should be avoided at all costs. The Holy Prophet (pbuh&hf) has been reported to have said that, in the eyes of Allah, divorce is the most hated of all permissible acts. It should only be performed as a last resort. Islam encourages family mediators to be called,[1] and divorce should be pronounced on three separate occasions following a three-month waiting period before becoming irrevocable: “Divorce is only permissible twice, after which the parties should either stay together in a goodly manner, or separate with kindness. And if he has divorced her the third time, then she is not lawful unto him thereafter until she has married another husband. Then if the other husband divorces her, it is no sin on both of them that they reunite, provided that they feel that they keep the limits ordained by Allah.”[2] Unfortunately, some non-Shi’a Muslim jurists allow a husband to divorce his wife irrevocably by issuing three divorce pronouncements on a single occasion, which is clearly opposed to the intent of the Holy Qur’an. It has been narrated in the books of sahhah, as well as in other books [3], that the three divorce pronouncements in one session were considered only one legal divorce during the time of the Holy Prophet (pbuh&hf), the first caliph, and the first two years of the second caliph’s rule. After that, the second caliph allowed the three pronouncements in one session to be considered three legal divorces, and hence the wife would be unable to go back to her husband.[4]

[1] Qur’an 4:35
[2] Qur’an 2:229-230
[3] Sirat ibn Ishaq, 2:191
[4] Sunan Muslim, Chapter on the Three Divorces, 1:575; Musnad Ahmad ibn Hanbal, 1:314; al-Bayhaqi, 7:336

More Readings
why a husband has the right of divorce.

Talaq (Divorce) in anger
Talaq which is given in anger is NOT valid. So from the
Shari’a viewpoint, they are still married.

Divorce during Pregnancy
According the opinion of our jurists, the divorce formula can be
pronounced at any time while the wife is pregnant. However, her
waiting period (iddah) will end only upon delivery of the child.

Marriage according to the Shi’is, Malikis, Hanafis, Hanbalis and Shafi’is

Excellent discussion.

:jazak:

Talaq is allowed but disliked practice according to Islam.
If you say 3 talaq to your wife, even if you say it with love it IS Valid.
Talaq in anger is VALID. But unmuslim and disliked.
Talaq while drunk is Valid. Very unmuslim and disliked.
Mentally challenged people don't have valid Nikaah, so no question of Talaaq.

[QUOTE]
*Originally posted by Ajju_q: *
Talaq is allowed but disliked practice according to Islam.
If you say 3 talaq to your wife, even if you say it with love it IS Valid.
Talaq in anger is VALID. But unmuslim and disliked.
Talaq while drunk is Valid. Very unmuslim and disliked.
Mentally challenged people don't have valid Nikaah, so no question of Talaaq.
[/QUOTE]
We heard about un-islamic; what is this unmuslim? New term; twisting words?