Islamic seminary Darul-Uloom Deoband has said in a fatwa that divorce given in an inebriated condition over phone is a valid “talaq”.
The fatwa has been issued by Darul Ifta (fatwa department of the seminary) on March 13 in reply to a query posted by a person,who enquired whether talaq given in an inebriated state would be considered valid and if yes then what could be done under such circumstances.
“Recently after getting drunk my brother-in-law told my sister on mobile cell phone “mein tujhey divorce deta hun,tujhey talaq deta hun teen bar talaq,talaq,talaq,” he said.
Now my brother-in-law is feeling guilty and wants to resolve,he added further.
“Can you please elaborate in the light of Shariah first whether these sentences will be considered as talaq and second if the answer is a yes,then please guide us further,what to do next in these circumstances,” he enquired.
Darul Ifta in its reply said that in case if the talaq was uttered thrice to the woman then she became “haram” for her husband.
“Now she cannot marry your brother-in-law without a valid halalah because talaq takes place by mobile and in the state of drunkenness also,” the fatwa said.
“After the iddah is over,the divorced woman should be married somewhere else. In this case her nikah with your brother-in-law is not lawful in any way. Yes,if the second husband dies or he divorces her after having marital relations then after completing iddah she may marry her first husband,” it added.