Category: Divorce (Talaaq)
Fatwa#: 23576
Asked Country: India

Answered Date: Dec 13,2012

Title: Divorce issued in the state of intoxication


The issue is about my cousin;s parents, five years have passed since his  father used clear words to divorce his mother in totaly drunk state. The reason was nothing behind the divorce, even his dad fought with him too. But on the same day when he was totaly in senses he apologised for all that he had done to them. But his mother considers that the divorce has taken place and they cannot get unite again.. His Father is still struggling to reunite themselves.


In the Name of Allah, the Most Gracious, the Most Merciful. 

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.


According to the Hanafi school of thought, divorce issued in the state of intoxication is valid. In the enquired case, your friend’s mother is correct. The divorce issued is Talaaq-e- Mughallazah( a permanently irrevocable divorce). Your friend’s parents cannot live as husband and wife.

And Allah Ta’āla Knows Best

Mufti Ebrahim Desai.

DISCLAIMER - questions answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.