He divorced his wife while she was possessed by a jinni

24-3-2011 | IslamWeb

Question:

As salaam Alaykum I need advise on Talaq: I gave my wife a Talaq and later found out she was possed by a JInn at the time of me giving her a talaq. The jinn has been removed, but I am really needing to know if the talaq is valid as I was really being pushed away from her and could not understand why until I heard about the jinn. Is the talaq valid?

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. 

Divorce is the right of the husband and if he deliberately initiates it, it takes place (as in Fatwa 121374) even if the wife was possessed at the time of divorce. So, if this is the first or second divorce, and you wish to take her back, then if she is still in her waiting period, you may take her back without a new marriage contract, and if her waiting period has expired, then you have to conduct a new marriage contract in order to take her back.

Allaah Knows best.