Divorce given by a husband suffering from sihr!

Fatwa ID: 02827

Answered by: Moulana Moinul Abu Hamza​

Question:

Assalamu Alaikum Wa Rahmatullah

I got married in Pakistan 6 months ago and I suffered from black magic which has caused me severe depression and a speaking problem and I've been on medication for 18 years I went to Pakistan my ex-wife was pregnant before we were having misunderstandings over money then she did a court case on me she was trying to claim £7000 from me through court then I had to divorce her through court in Pakistan now the problem is after 6 months I found out she had enemies in her family who were jealous because of this marriage and she was suffering from magic too.

I never wanted to divorce her through court but I was not in my senses seriously depressed and affected by black magic sometimes I would say I want to give her divorce sometimes I would say I don't want to its because I was under a spell specifically to break my marriage is not only saying this by a guess it came in my istakhara then I checked from 2 other people they said the same thing you were under the spell especially to rewin your marriage I have lost everything in my life health wealth the last thing I had was a wife and a son in Islam there is an ease for everything now my question is, has divorce taken place?

Jazakallah


بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

Assalamu Alaikum Wa Rahmatullah

Since you have had divorce through the courts, the divorce is considered valid. If you wish to remarry and you only pronounced one or two divorces (talaaqs), then you can do a new nikah with a new dowry. You are considered to be sane unless you have proof that you were insane. Due to the principle-
 

الأَصْل بَقَاء مَا كَانَ على مَا كَانَ

"The principle is to remain upon that which is, upon what which is"


So if you wish to claim that you gave divorce while not in your senses you must go through the courts and prove your state of mind, until the outcome will be based on the default position of sanity and not its alternate possibility.


Only Allah knows best

 

Written by Moulana Moinul Abu Hamza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

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