Court: Divorce void, husband spoke in anger

Family Court has ruled a divorce invalid after the husband swore in court that he had uttered 'I divorce you' in a moment of extreme anger where he had no control over his self. 

The Family Act and regulations do not specify whether or not a divorce will be valid if the phrase is said in a moment of anger. Generally, courts rule the divorce valid even in such situations. 

This is the first time that a different decision has been reached by the court in a case of this nature. The ruling was handed out by Family Court Judge Zaeema Nasheed AbuBakr. 

Judge Zaeema's ruling of November 26 comes in a case seeking to confirm divorce where the husband had verbally divorced the wife outside of court. The husband stated 'I divorce you' during a disagreement between the couple. The couple has two children. 

As the husband had made the statement out of court, he submitted the case to the Family Court, where he claimed that he had said the words unintentionally. He stated in court that he had had no intention of divorcing his wife, and that he had been in a state where he was not in control of his own words. 

The wife, however, dismissed these claims. She admitted that the husband had been very angry, but not to the point where he had lost control of himself. 

The husband swore in court that he had made the statement without the intention to do so, and while in a state of anger so intense that he was unaware of what he was saying. 

Based on this, the Judge ruled the divorce void. 

In the verdict, the Judge stated that as there are no instructions in the country's laws regarding a divorce committed in anger, the opinions of Islamic Fiqh scholars must be consulted. In light of these, there are three stages of anger, she wrote. These are

The angry person is aware of everything happening around them and has complete control over himself.

If a phrase of divorce is said in this situation, the divorce will be ruled valid if other necessary conditions are met, according to scholars. 

Although the angry person is aware of his surroundings and what is happening around him, and has not completely lost control over himself, he is prone to uttering things that contradict with his true intentions. 

Scholars are divided on whether a divorce in this situation would be valid. Some are of the view that the divorce will, in fact, be valid. Others believe that such a divorce will be void. 

The angry person is feeling anger so intense he has lost awareness of what is happening around him and has lost control over himself. 

Scholars are of the view that words said by a man in this condition would not divorce the wife. 

In the verdict, the Judge included some reasoning showed by scholars who support this view. 

As such, Verse 225 of Surah Al Baqarah was highlighted, which translates as, "Allah will not hold you accountable for unintentional oaths, but for what you intended in your hearts. And Allah is All-Forgiving, Most Forbearing".

Scholars interpret that unintentional oaths refer to those made in anger. Oaths made in anger hold no weight, hence a divorce will also not be valid based on words said in such a condition, the scholars state. 

Another reasoning cited by the Judge is that a person is held accountable for their words if it is said with intention. A divorce will not be valid based on words uttered in anger, she wrote, stating that interpreting this otherwise would cause people to carry several burdens.

The Judge wrote that anger is a condition humans face similar to memory loss, confusion, insanity, fear and sadness. A verdict in Islamic jurisprudence would take such conditions into account, she said.

A phrase of divorce would be deemed valid based on two conditions, the Judge said. Any conditions where the phrase can be considered invalid should not exist if the divorce is to be deemed valid, she said.

Just the uttering of a phrase does not make a divorce valid, according to the Judge, but rather the man should have the intention of divorce.