There are many cases of divorce that occur as a result of a group of problems between spouses as a result of a lack of understanding, awareness, and understanding required between the two partners, which leads to divorce which negatively affects family life, children, and their future, and this in turn negatively affects society, and it is well known that the most hated lawful thing to God is divorce.
In our article, we will discuss the most prominent cases in which divorce is invalid, as well as the circumstances that lead to this, so please continue reading with us.
Cases in which divorce does not occur
Anger causes many men to utter the word divorce in a variety of situations, and the man bursts into these situations and utters the word divorce without prior decision or awareness. We will show you the following cases where divorce does not occur:
- The drunken divorce:
A drunken divorce does not occur and is not considered, whether in a permissible or prohibited manner, but only if the drunk man is unconscious, as the drunk person is irresponsible and unaware of his actions.
There is a big difference between divorce in a drunken state, whether he transgressed or not, and if he did not transgress and had an excuse, such as if he drank intoxicating alcoholic substances by accident and this behavior led him to lose his mind, then the divorce does not take place and is not taken into account, but if the person transgresses by drinking intoxicating alcohols and he was addicted to drinking alcohol and he was In this case, and according to the four schools of thought, his divorce occurs because he consumed intoxicants of his own free will. He is the one who lost his mind as a result of his actions and will. Because he was the one who pursued alcohol and allowed them to be part of his home and life, the results of drinking alcohol were divorced.
And if the husband said he was drunk and the wife was sober, the wife must show evidence for her words and if she is unable to do so, the husband’s statement is true, but with a condition which is the oath.
- Impeller divorce:
The person who is forced and coerced to divorce his wife is not considered for his divorce because he did not utter the divorce except as a result of being forced and coerced, and in this case, the man prefers divorce over causing serious harm to his wife.
The scholars among the jurists agreed to prevent divorce from occurring, and the reason for this is that the person who intended to divorce prevented harm from his wife and himself, whereas the Hanafis said that divorce occurs despite the husband’s coercion, because the husband intended what he issued.
- Anger divorce:
When the husband is in a state of intense anger and is unaware of what comes out of him in terms of sayings, and seeing him among the unconscious people and his actions are considered as the actions of a mad person, then the divorce is considered invalid.
- Divorce of the Insane
An insane person’s actions are regarded as if they were those of a young child, so his actions are ignored and when the wife files for divorce, she must file a case with the judicature and the competent court.
The Islamic Jurisprudence Association agreed that a divorce from an insane person is invalid.
- The astonished Divorce:
A person is in a state of astonishment to the point where he loses his mind and makes statements that, upon waking up, make him wonder whether these statements were issued by him, whether they were caused by sadness or joy.
The scholars and jurists agreed that the astonished husband follows the rule of an insane one, which means that in both cases, the lack of awareness and understanding of what he is doing is what controls him, and thus the jurists agreed that the astonished husband’s divorce is invalid.
In conclusion, after identifying the previous cases that leads to a state of regret. Patience when angry remains the master of judgments, as we ask God to keep you and your families happy.
