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Divorce under black magic

Answered according to Hanafi Fiqh by DarulIftaBirmingham
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Answered by Molana Muhammad Adnan


Question:


Assalam u alaikum wa Rehmatullahi Wa Barakatuhu,


3 years ago my daughter was divorced. Her husband said talaq three times in a row and when this happens he was in extreme anger and lost his senses.

Now the matter is that recently, my daughter has-been treated for SIHR we came to know that black magic was casted on her for her Divorce. Three years ago which was casted by one of the groom’s relatives.

The main question is that I have read in one of the Fatwas Of Darul Ifta Birmingham [FATWA ID:01254] by MUFTI Mufti Mohammed Tosir Miah that under the influence of black magic talaq does not occur. Now my daughter’s husband is wishing to remarry her and I want to confirm whether their talaq had occur or not. Please look into the matter and respond as soon as possible.


JAZAKALLAH SIR


Answer:


Bismillah


If the black magic was so severe that a person became insane and mad then on the basis of insanity talaq will not occur. (Raddul Muhtar p.451 v.4)


However, if the person’s state was not so severe then talaq will occur. (Raddul Muhtar p.438 v.4)


However in circumstances where it is claimed that a person lost his sanity or black magic has been done upon him, it is necessary that the person has previous medical history of insanity or has been diagnosed by the doctor of being of unstable mind, or has two male witnesses or one male and two female witnesses testifying that on that occasion the person in deed lost his sanity due to the black magic. (Raddul Muhtar p.452 v. 4)


In regards to your circumstances, it will need to be proven that the when the Talaaq was given that the man was under the influence of magic in any of the above ways.


Only Allah knows Best


Written by Molana Muhammad Adnan


Checked and approved by Mufti Mohammed Tosir Miah


Darul Ifta Birmingham


This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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