Question
A man's wife is a convert. While under the influence of liquor –she was drunk – she said that she is not a Muslim and uttered some words of kufr. The husband immediately reacted and gave her three Talaaqs. After she sobered up, she regretted and repented. The husband has re-married her. He says that in view of her having become a kaafir, the three Talaaqs were not valid, hence his nikah with her is valid. Is this correct?
Answer
The three Talaaqs given by the husband are valid. His subsequent Nikah to his ex-wife is not valid. They are living in the state of adultery. The statement of kufr made in the state of intoxication was not valid. The woman remained a Muslim despite her 'kufr' utterance. Kufr uttered in the state of drunkenness is not valid. Thus when the husband issued the three Talaaqs, his wife was still a Muslim. They have to separate immediately.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 19 No 07
- PDF page
- 5
Appears under Questions and Answers (approximate).