Is the divorce pronounced by an incompetent person (Safiih) valid?

General Chapter

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 1

Open in Qurani

Primary text

The divorce pronounced by an incompetent person (Safiih) is valid according to the opinion of the majority of scholars, including Al-Qasim ibn Muhammad, Malik, Al-Shafi'i, and Abu Hanifa and his companions. This ruling is upheld because the Safiih is considered legally responsible (mukallaf) regarding the subject matter of divorce, thus his declaration is effective, similar to a sane person. The legal restriction placed on his wealth does not invalidate his disposition over matters outside that restriction, analogous to an insolvent person (muflis).

Supporting text

Ata' prohibited the validity of divorce by an incompetent person.