A woman claims that at the time of her marriage she was the subject of black magic, and thus, she cannot remember saying ijab or qabul. Would her marriage be valid?

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

Answer

In the aforementioned scenario, one of the necessary conditions for the nikah to be correct is that both the perspective spouses are in the right state of mind i.e. not insane etc.

If the woman claims that she had been subject to the practice of black magic at the time of the marriage and she cannot remember saying ijab or qabul or giving anyone permission in performing the marriage, then her marriage will not be done. (Fatawa Hindiyyah p.267 v.1)

However, if she does remember the nikah taking place and she remembers uttering ijab or qabul, then her marriage will be done.

If the woman does not remember anything and did she accept the mahar or spend a night with the husband then the nikah will not be done. If she had done the aforementioned, then this is a sign that she had accepted the nikah, thus the nikah will be done.

The woman in question should remember that only she knows whether she had been the subject to black magic or not. If she has made a false claim, she should realise that Allah (SWA) is watching her all the time and she will have to answer for her actions in the hereafter.

It is advisable that you forward this matter to the Islamic Sharee` Council as well. Their address is:

34 Warren Street,
Savile Town,
Dewsbury,
W.Yorkshire
WF12 9LX

Tel: 01924464523

Only Allah Knows Best.