My husband did not mean to say, “talaq” three times. He has had black magic done on him. Am I divorced?

Published on: May 30, 2018

The Answer;

In the name of Allah, Most Gracious, Most Merciful.

Whether one is extremely angry, under the influence of any substance or indeed black magic, the utterance of divorce is valid and one is responsible for their actions. Therefore, I can deduce, that your now ex-husband was clearly conscious of the ruling of a threefold divorce, when he uttered, “Talaq”, three times, declaring his intention to divorce you. His decision to say the words, “Talaq” three times highlights his knowledge and indeed intention, of a threefold divorce. He has therefore knowingly proclaimed an irrevocable divorce upon you.

Irrespective of black magic or other such suspicions, the verbal or indeed written usage of the words talaq/ divorce, as he has proclaimed, amount to an irrevocable divorce, according to all four madahib. Therefore, you are now divorced and thus haram upon him.

The above ruling has been derived from the following verses of Surah al Baqarah, Ch. 2, V. 229-30,

‘Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment… And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him…’

Together with Imam Nawawi’s commentary of Sahih al Muslim, in which it is stated,

‘Whoever said to his wife ‘you are divorced’ three times, according to Imam Shafi’, Imam Malik, Imam Abu Hanifa, Imam Ahmad bin Hanbal and the majority of the scholars of Salaf and Khalaf, the three fold [divorce] will be effective.’

And Allah(swt) alone knows best.