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What is the ruling on the divorce of an enchanted husband? Is his wife still his spouse, or has she been irrevocably divorced from him? And is the child considered a child of zina (fornication) or not?

1 min readAlso available in العربية

According to the preponderant opinion, a bid'i divorce (innovated divorce) does not take effect. This is a divorce pronounced during menstruation or during a period of purity in which intercourse has occurred. The first three pronouncements of divorce are not counted if they have not been ruled upon by a Sharia court or if a scholar has not issued a fatwa concerning them. Similarly, the subsequent two pronouncements are not counted if one occurred during a period of purity in which intercourse took place and the other during menstruation. The divorce that occurred through the court is an effective divorce. The subsequent pronouncement of divorce is not counted if it occurred during a period of purity in which intercourse took place. As for the last divorce via phone while you were pregnant, if magic affected the husband, making him unaware of what he was saying or compelling him to divorce against his will, then it does not take effect. However, if he pronounced it with understanding and knowledge, then it does take effect. It is necessary to ask the husband to ascertain his state when he pronounced the divorce. In summary: one divorce has taken effect (the one that occurred through the court), and the second divorce is contingent on the details of the divorce pronounced by a person under the influence of magic. If it did take effect, he can take you back during the waiting period (until childbirth), and the pregnancy is attributed to the husband.

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Original fatwa ID
9427
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