Divorce By a Temporarily Insane Person, Valid or Invalid in Islam?

By Kaniz Fatma, New Age Islam 13 September 2023 Is A Temporary State of Insanity Legitimate and Valid Grounds for Divorce? Main Points 1. A person who is temporarily mentally ill is also considered to be mentally ill because there is a problem and struggle with their mental capacity. 2. The insane person is exempt from the law until he regains mental capacity. 3. The prohibition against applying religious laws to infants, people who are asleep, and those who are mad is a definite rule of religion. ----- If a person temporarily loses his intellect and then acts like a madman, the divorce issued during that period will be invalid. The ultimate honour for humanity is intelligence. He can be considered accountable for religious obligations given his intelligence. The prohibition against applying religious laws to infants, people who are asleep, and those who are mad is a definite rule of religion. The Holy Quran has the following verse on patients: “...There is not upon the ill [any] constraint...” (24:61) The commentators of the Quran state the following in their analysis of this blessed verse: “When unwell, people are no longer required to handle difficulties or responsibilities. As long as they are mentally ill, they are no longer held accountable. [Tafsir Qurtubi/Tafsir Tha’labi) Allama Qurtubi further elaborates: It was made very evident by this verse that people with mental disabilities are free from liability and responsibility. [Tafsir Qurtubi 8:226] Allah says in the Quran, “...and He has not placed upon you in the religion any difficulty.” (22:78) Imam Jassas Razi Hanafi comments on this blessed verse: “Haraj is Arabic for [mental or physical] suffering; according to Ibn Abbas (may Allah be pleased with him). Similar to what Hazrat Mujahid (RA), his student, says: it is clear through different instances and happenings that the law that imposes restriction and hardship does not exist, and the law that imposes expansion and ease is the finest. The text under discussion indicates that there is no religious challenge that cannot be overcome.” [Jassas, Ahkam al-Quran, 5/90] Additionally, it is demonstrated by the sayings of the Prophet (peace be upon him) that until a child grows up, a person in a deep slumber awakens, and a mentally ill becomes well and wise, they are not responsible for their religious obligations. It was narrated by Ali ibn Abu Talib that the Prophet (peace be upon him) said: There are three (persons) whose actions are not recorded: a sleeper till he awakes, a boy till he reaches puberty, and a lunatic till he comes to reason. Abu Dawud said: Ibn Juraij has transmitted it from Al-Qasim b. Yazid on the authority of 'Ali from the Prophet (peace be upon him). This version adds: "and an old man who is feeble-minded." (Sunan Abi Dawud 4403) Hazrat Abu Hurairah (may Allah be pleased with him) reported that the Messenger of Allah (peace be upon him) said: "Every divorce is valid except the divorce of the Ma'tuh person whose reason is overcome." (Jami` at-Tirmidhi 1191) Just as it is written in al-Bahr al-Ra'iq, Allama Ibn Nujaym Hanafi included and considered the divorce of a partially mentally sick person as that of a fully medically certified mentally ill person. He says, “A person who is temporarily mentally ill is also considered to be mentally ill because there is a problem and struggle with their mental capacity. The best way to distinguish between the two is to say that someone who is just partially mentally ill lacks comprehension and speaks and converses incoherently, using both proper and erroneous words (i.e., some of it makes sense and some of it doesn't). However, a person who is partially mentally unstable does not mistreat others or use foul language, in contrast to someone who has been medically diagnosed with a mental illness.” [al-Bahr al-Ra’iq by Ibn Nujaym al-Hanafī, vol. 3, p. 268] The authors of Durre Mukhtar and Raddul Muhtaar writes, “Only sane-minded husbands have the authority to give divorces. Referring to people as "sane-minded," excludes individuals who are not sane-minded, even those who are classified as such, such as those with a mental disease diagnosis, those who are mentally unstable to some extent, and those who lack the capacity for clear thought or rational reasoning.” Therefore, it has been determined that, regardless of whether it was delivered verbally or in writing, a person who is partially mentally unwell cannot divorce. According to Hanafis, research demonstrates that even if a person is conscious of what they are saying and means to do so; their divorce will be invalid if their rage causes them to lose touch with their nature and habits in such a manner that futility dominates their words and deeds. This is due to the fact that their intentions are not based on correct consciousness and comprehension. So even if he is not insane, he starts to act like an insane person. This is because an insane person need not always be in a state where they cannot understand what they are saying. Sometimes they can speak in a rational manner likewise people and sometimes they start babbling meaningless things. (Abd al-Rahman al-Jaziri, Islamic Jurisprudence According to the Four Sunni Schools, 4/294-295) It is clear from the aforementioned rules that in circumstances of insanity, the insane person is exempt from the law until he regains mental capacity. The divorce decree issued by the temporarily insane is null and void since that person is the one from whom the pen of the religious obligation and liability has been lifted. ----- Kaniz Fatma is a classic Islamic scholar and a regular columnist for New Age Islam. URL: https://newageislam.com/islamic-q-a/divorce-insane-person-valid-invalid/d/130663 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism