Fatwa #2357613 December 2012India
Divorce issued in the state of intoxication
Question
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.
Answer
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.