Is The Divorce Made When One Is Drunk Valid?

Is the divorce made when one is drunk valid?

Marriage is a serious institution which requires responsibility. One should not underestimate the issues about marriage and especially the matter of divorce. Prophet Muhammad (saw) said in a hadith, “There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final)” (Abu Dawud, Talaq, 9; Tirmidhi, Talaq, 9; Ibn Majah, Talaq, 13).

According to Hanafis and Shafiʽis, divorce of a person who is drunk as he uses a halal substance is not valid while that of a person who is drunk as he uses haram substances is binding (Shafiʽi, al-Umm, VI, 641-642; Marghinani, al-Hidayah, III, 163; Ibn Qudamah, al-Mughni, X, 346-347). On the contrary, according to another group of mujtahids including Tahawi and Karhi from Hanafis and Muzani from Shafiʽis, the words and actions of a person who is drunk in a way that he is not aware of what he is talking about, what he is doing and that he cannot distinguish the good from bad is invalid in legal terms . Therefore, the divorce made by such a person is void (Ibn Rushd, Bidayah, II, 82; Ibn al-Humam, Fath, III, 470; Shawkani, Nayl al-Awtar, VIII, 189 ff.; Ibn Qudamah, al-Mughni, X, 347-348).

The Ottoman Family Law dated 1917 also enacted a provision about the opinion that talaq of a drunk person will not be valid (Ottoman Family Law, art. 104). The High Board of Religious Affairs of Türkiye also adopts this opinion.

Source: Presidency Of Religious Affairs The Turkey, High Board of Religious Affairs FATWA