Does the legal responsibility (taklīf) cease for a person who is possessed by a jinn and blasphemes Allah with grave blasphemy during a ruqyah (exorcism)?
One must distinguish between two matters: the possibility of a jinn possessing a human and speaking through their tongue, and the judicial proof of this. As for the first, it is established by the consensus of the Imams of Ahl al- wal-Jama'ah. Sheikh al-Islam Ibn Taymiyyah narrated from Imam Ahmad his statement: "This one speaks through his tongue." This is further supported by what happens to an epileptic (possessed person), such as speaking unintelligible words, striking without feeling pain, and strange movements, all of which indicate the presence of another genus, other than humans, acting. None of the Muslim Imams deny this, and whoever denies it has lied against the Shari'ah. So, whoever is overcome in their mind or loses their free will due to jinn possession, there is no sin upon them. As for the second, which pertains to judicial proceedings, it is based on outward appearances and evidence. If a killer claims that he committed the act without his free will due to sorcery, this is contrary to outward appearances and cannot be proven except with clear evidence. Such evidence is often impossible to obtain in these matters. Therefore, the jurists stipulated that killing by sorcery is only proven by confession, because the act of sorcery is hidden from both the sorcerer and the bewitched, thus no clear evidence can be established for it.
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Reviewed by El Fatwa's sharia committee.
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