Is Divorce Valid If Pronounced Under Sihr (Black Magic) in the Shafi‘i School?

Answered by Shaykh Irshaad Sedick

Question

My husband unexpectedly pronounced divorce while laughing, with no memory or awareness of the event. Trusted scholars performed istikhara and confirmed he was affected by sihr (black magic), which impaired his control and memory. Is the talaq valid in this case according to the Shafi‘i school?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

In the Shafi‘i school, a divorce (talaq) is only valid if issued by a husband who is:

• of sound mind,
• has reached puberty, and
• voluntarily enacts the divorce.

As stated in ‘Umdat al-Salik:

“Divorce is valid from any: (a) husband; (b) who is sane; (c) has reached puberty; (d) and who voluntarily effects it. A divorce is not valid from… someone insane; or someone who is wrongfully coerced.” [Keller, Reliance of the Traveller]

If sihr or possession severely impairs a person’s mental faculties, such that they are no longer fully conscious, aware, or in control of their speech, then any divorce pronounced in that state is not valid in the Shafi‘i School. However, and this is critical, not every case of sihr automatically invalidates divorce.

If the afflicted person retains their sanity and functional awareness (even with some affliction), and they consciously pronounce divorce, then it would be valid.

Allah says: “Allah does not burden a soul beyond its capacity.” [Quran 2:286]

Given the gravity of this issue, it is essential to consult a qualified Shafi‘i jurist who can assess whether your husband’s mental state at the time met the threshold of legal incompetence. If his awareness and control were truly compromised to the level of practical insanity, the divorce would likely not be valid. Otherwise, it may be upheld.

We ask Allah to ease your difficulty and guide you to clarity and peace.

And Allah knows best.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan (Allah have mercy on him), where he taught.

Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Shaykh Muhammad Awama, Shaykh Muhammad Hasan Hitu, and Mawlana Abdul Hafeez Makki, among others.

He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has been the Director of the Discover Islam Centre, and for six years, he has been the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.

Shaykh Irshaad has fifteen years of teaching experience at some of the leading Islamic institutes in Cape Town. He is currently building an Islamic podcast, education, and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy Prophetic living and fitness.