Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam / Tuesday, July 13th, 2010

1. If a husband who is mature, not a lunatic nor a mad person divorces his wife, the divorce will come into effect. As for the husband who is not mature, who is not in his senses, or is mad, by his divorcing his wife, the divorce will not come into effect.

2. A sleeping person uttered the following words: “You are divorced” or he said: “I divorce my wife.” On uttering these words, divorce does not come into effect.

3. A person compelled another person to divorce his wife. He beat him and threatened him that if he does not divorce his wife, he will kill him. Because of this compulsion, the person divorced his wife. Even then divorce will take place.

4. A person was under the influence of alcohol or any other intoxicant and divorced his wife. When he came to his senses, he regretted this action of his. Even then divorce will take place. Similarly, talâq given in anger also causes divorce to take place.

5. Apart from the husband, no one has the right to divorce a woman. However, if the husband orders someone to divorce his (the husband’s) wife, this person can divorce her.

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