Is a divorce uttered by a bewitched husband valid if he pronounces it while in a state of extreme anger, knowing that he remembers what happened and feels that something is pushing him to divorce? And is the son conceived after my return to my husband considered an illegitimate child if the previous divorce was valid in all its forms?
The divorce of a person under magic spell takes effect if he is aware of what he is saying, but it does not take effect if he is under the influence of magic and unaware of what he is saying. Divorce during menstruation or in a period of purity where intercourse has occurred is an innovation (bid'ah) and is considered valid by the majority of scholars, though Ibn Taymiyyah does not consider it valid. The divorce of a pregnant woman is a divorce and is valid. The maintenance of children is obligatory upon the father, and the wife has the right to take it from him even without his permission if he refuses to give it. She also has the right to claim back what she spent with the intention of claiming it back. The custody of children is a right of the mother as long as she does not remarry, and the father must see his children, care for them, and guide them.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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