Fatwa #251572 May 2013United Kingdom
Talaaq of a Bipola Patient
Question
I wanted to know that if a man who is diagnosed with Bipola (manic- depressive disorder) gives talaaq to his wife (using the words talaaq) directly or indirectly (with or without the word talaaq) will it be effective?
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
According to Shariah, a Majnoon (insane) person is excused from all obligations and implications of the Shariah.
The Jurists (Fuqaha) have enumerated various categories of an insane person with their rulings.
There are various types/phases/modes of Bipola Disorder such as elevated, moderate, irritable modes, depressive phases, mixed states, etc.
Kindly advise on the specific phase/type of Bipola disorder you are referring to in order for us to consider the category in which such a person falls in.
And Allah Ta’āla Knows Best
Ismail Desai,
Student Darul Iftaa
Durban, South Africa
Checked and Approved by,
Mufti Ebrahim Desai.