Talaq because of black magic

CategoriesDivorce [572]

is talak said in extreme anger or under the influence pf potential black magic void.. wether it is said 3 times seperatly or 3 times in a row.

 

In the name of Allah, the most Beneficent, the most Merciful.

 

Answer

 

The jurists have categorised anger into three stages:

 

1. The initial stage of anger where ones mind is sound and fully in control of what one is saying. In such a case talaq will occur without any doubt.
2. Extreme anger to the point of insanity, where one is unaware where he is or what he is saying. In such a case talaq will not occur.
3. Finally that stage which is between the above two stages in that one was extremely angry but not to the point of insanity, and was aware of what one was saying. In this case also, talaq will also occur. (Raddul-Muhtar p.452 v. 4)

 

With regards to your question if the anger does not reach the level of insanity as mentioned above therefore divorce is valid and will take place. In regards to black magic, 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 persons state was not so severe then talaq will occur. (Raddul Muhtar p.438 v.4)

 

However in circumstances where it is claimed that the anger was such that a person lost his sanity or he had black magic done upon him, then in those occasion 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 witness or one male and two female witnesses testifying that in fact on that occasion the person had in deed lost his sanity, then the divorce will not take effect. (Raddul-Muhtar p.452 v. 4)

 

Only Allah Knows Best

 

Mohammed Tosir Miah

 

Darul Ifta Birmingham.

About the author