What is the ruling on one who divorced his wife with three pronouncements while he was under sorcery and does not remember how he divorced her?
For a divorce to be valid, the husband must be sane and acting of his own free will. If he loses his sanity by means other than unlawful intoxication, his divorce is not valid, by agreement of all Muslims, based on the Prophet's (peace be upon him) saying: "There is no divorce in a state of 'Ighlaq' (compulsion or loss of control)."
Therefore, if magic has affected the husband's mind, making him like a madman, or has influenced his choice and will, then his divorce is not valid. However, if the magic has not affected his sanity and choice, then his divorce is valid.
Accordingly, if magic overwhelms the bewitched person's mind to the point of making him like the insane, his divorce is not valid. If the divorce is pronounced with understanding and knowledge of its implications, then it is valid. However, if the magic was intended to turn him away from his wife and create hatred between them, then the divorce is not valid.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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