Does a divorce pronounced by a husband under the influence of magic take effect, and how can a divorce certificate stating an irrevocable divorce (baynunah kubra) be amended if the divorce did not take place?
If a person is unconscious due to magic or a similar cause, such that he does not comprehend what he is saying, then his divorce does not occur, for he is like one who is coerced or insane. However, if he comprehends what he is saying, then his divorce occurs, and he should refer to the Sharia court to determine this. The husband must fear Allah in what he claims, and the judge's ruling does not alter the reality if the claim is contrary to the truth. Regarding the number of divorces, if he utters two divorces at once or before the 'iddah (waiting period) expires, the majority of scholars hold that they both occur and are counted as two divorces, whereas Ibn Taymiyyah is of the opinion that it is counted as one divorce. The ruling of the Sharia judge resolves the dispute, and it is binding to act upon it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/79579