Fatwa ID: 07972
Answered by Maulana Yusuf Badshah
Question:
My parents does not like my wife and they have done black magic on me so that i can divorce my wife. They were doing this from past 2 months and were checking results if it works. I was completely unaware though my uncle and aunts argued that my mental health is not okay i just ignored them. It was during October-November 24.
Finally i divorced my wife on 22 December 24 and they become very happy and has danced etc when i asked they were silent and they did not told me anything.
I was very much upset and asked Allah to help me out and was reciting night prayers (i am offering 5 times namaz since it become farz and has performed Hajj in 2024) than on 4th January 24 Alhamdullilah with grace of Allah i saw Hazrat Muhammad PBUH second time in my life, last time i saw when i was in Madinah in 2023.
PBUH told me that your divorce is invalid and given me some hints. I was very upset and could not sleep for a week and above as has persistently asked my Parents and my close friend who was involved in black magic. On 14th January the confirmed that they were doing it from past 2 months and has controlled by brain so that i can act as they want. My wife told me that you are not in estate of your mind but i did not hear anything as i was completely under their controlled.
On 15th January i again saw one of the sahab between Tahajjud and Fajar time confirmed me that my parents has done some magic and they have recited surah bakra ayat 102 as a part of black magic i insist them again than they told me who is confirming you our insights i told him Allah Subhan and may he will give you hidaya what type of parents you are.
I saw your fatwa number 01254 which confirmed that if black magic was severe divorce become null and void.
I also saw many other fatwas confirming if i take an oath i was under black magic and my uncle and aunt confirm the same. We have regain our marital status.
However i want to hear from you and ready to disclose any further information if required.
In the name of Allah, the Most Gracious, the Most Merciful.
Answer:
This is a matter to be taken to a local Shari’ah council or qualified Islamic judge to determine the truthfulness of each of the parties involved and the accusations being made. Until a qualified scholar has heard the complete sequence of events from you, your parents and your wife as to the circumstances in which this divorce was given, only then can a ruling be given as to whether your divorce is invalid [1].
However, from your version of events it would appear that you were fully aware of your actions when you gave Talaq. Thus, your black magic was not severe enough to make you lose your sanity, nor were you controlled, which suggests that the Talaq given was indeed valid. It will not be sufficient to give oath that you were under black magic, particularly given that neither you nor your uncle and aunts can prove this. Rather, you must also demonstrate that it was severe enough to constitute insanity. This would require your witnesses to have been present at the time of giving divorce which, based on your account, I assume they were not [2].
There are some discrepancies in your story. For example, one controlled by black magic cannot be simultaneously fully aware that they gave divorce and yet completely unaware that they were controlled. Either you were fully conscious at the time of giving divorce, in which case you would have known you were being controlled, or you were not fully conscious at the time of giving divorce, in which case you would not be aware that you had given divorce, neither of which matches your story.
Particularly concerning is the suggestion that the recitation of Surah Baqarah could be part of a black magic ritual. Black magic existed before Islam, a remnant of the test sent to the people of Babylon. The blessed words of Allah s.w.t are the very antithesis of the rituals of black magic practitioners, rather it is the Qur’an which is the cure to all such afflictions [3].
At the moment, the possibility remains that you were perfectly sane at the time of giving the divorce, that your accusations of black magic are unfounded, or that this is an attempt to dismiss the divorces you have given and now regret, so until your situation has been directly assessed and a decree has been passed by qualified scholars, you do not regain your marriage and remain divorced.
I recommend you take your aunt’s and uncle’s initial advice as to assessing your mental health. Insanity and black magic are not the same thing. If you claim you are unable to control your actions, the logical step would be to first seek mental help from a qualified professional before accusing your parents of black magic.
Only Allah s.w.t knows best.
Written by Maulana Yusuf Badshah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1] Jami’ At-Tirmidhi 1331:
حَدَّثَنَا هَنَّادٌ، حَدَّثَنَا حُسَيْنٌ الْجُعْفِيُّ، عَنْ زَائِدَةَ، عَنْ سِمَاكِ بْنِ حَرْبٍ، عَنْ حَنَشٍ، عَنْ عَلِيٍّ، قَالَ قَالَ لِي رَسُولُ اللَّهِ صلى الله عليه وسلم “ إِذَا تَقَاضَى إِلَيْكَ رَجُلاَنِ فَلاَ تَقْضِ لِلأَوَّلِ حَتَّى تَسْمَعَ كَلاَمَ الآخَرِ فَسَوْفَ تَدْرِي كَيْفَ تَقْضِي ”
[2] Raddul Muhtar, vol. 3, pg. 230, Darul Fikr:
(قَوْلُهُ وَأَهْلُهُ زَوْجٌ عَاقِلٌ إلَخْ) احْتَرَزَ بِالزَّوْجِ عَنْ سَيِّدِ الْعَبْدِ وَوَالِدِهِ الصَّغِيرِ، وَبِالْعَاقِلِ وَلَوْ حُكْمًا عَنْ الْمَجْنُونِ وَالْمَعْتُوهِ وَالْمَدْهُوشِ وَالْمُبَرْسَمِ وَالْمُغْمَى عَلَيْهِ، بِخِلَافِ السَّكْرَانِ مُضْطَرًّا أَوْ مُكْرَهًا، وَبِالْبَالِغِ عَنْ الصَّبِيِّ وَلَوْ مُرَاهِقًا، وَبِالْمُسْتَيْقِظِ عَنْ النَّائِمِ. وَأَفَادَ أَنَّهُ لَا يُشْتَرَطُ كَوْنُهُ مُسْلِمًا صَحِيحًا طَائِعًا عَامِدًا فَيَقَعُ طَلَاقُ الْعَبْدِ وَالسَّكْرَانِ بِسَبَبٍ مَحْظُورٍ وَالْكَافِرِ وَالْمَرِيضِ وَالْمُكْرَهِ وَالْهَازِلِ وَالْمُخْطِئِ
[3] Surah Al-Isra’ 82:
{ وَنُنَزِّلُ مِنَ الْقُرْآنِ مَا هُوَ شِفَاءٌ وَرَحْمَةٌ لِّلْمُؤْمِنِينَ ۙ وَلَا يَزِيدُ الظَّالِمِينَ إِلَّا خَسَارًا ۞}
Sahih Al-Bukhari 5007:
عَنْ أَبِي سَعِيدٍ الْخُدْرِيِّ، قَالَ كُنَّا فِي مَسِيرٍ لَنَا فَنَزَلْنَا فَجَاءَتْ جَارِيَةٌ فَقَالَتْ إِنَّ سَيِّدَ الْحَىِّ سَلِيمٌ، وَإِنَّ نَفَرَنَا غُيَّبٌ فَهَلْ مِنْكُمْ رَاقٍ فَقَامَ مَعَهَا رَجُلٌ مَا كُنَّا نَأْبُنُهُ بِرُقْيَةٍ فَرَقَاهُ فَبَرَأَ فَأَمَرَ لَهُ بِثَلاَثِينَ شَاةً وَسَقَانَا لَبَنًا فَلَمَّا رَجَعَ قُلْنَا لَهُ أَكُنْتَ تُحْسِنُ رُقْيَةً أَوْ كُنْتَ تَرْقِي قَالَ لاَ مَا رَقَيْتُ إِلاَّ بِأُمِّ الْكِتَابِ. قُلْنَا لاَ تُحْدِثُوا شَيْئًا حَتَّى نَأْتِيَ ـ أَوْ نَسْأَلَ ـ النَّبِيَّ صلى الله عليه وسلم فَلَمَّا قَدِمْنَا الْمَدِينَةَ ذَكَرْنَاهُ لِلنَّبِيِّ صلى الله عليه وسلم فَقَالَ “ وَمَا كَانَ يُدْرِيهِ أَنَّهَا رُقْيَةٌ اقْسِمُوا وَاضْرِبُوا لِي بِسَهْمٍ ”
