Is the divorce issued by a legally restricted person valid?
General Chapter
Al-Mughni
Book of Legal Interdiction
Primary text
The divorce issued by a legally restricted person concerning his wife is effective according to the opinion of the majority of scholars. This is because divorce is not a disposition of wealth, nor does it operate like one, and therefore it is not prevented, similar to the admission concerning fixed punishments and retaliation. Evidence that it does not operate like wealth includes that it is validly issued by a slave without the permission of his master, despite his being prevented from disposing of wealth, and it is not acquired through inheritance. Furthermore, because he is a responsible agent (*mukallaf*) who divorced his wife by choice, his divorce takes effect, similar to a slave or a contractually freeing slave (*mukatab*).
Supporting text
Ibn Abi Layla held that the divorce is not effective because the intimacy (*bid'ah*) functions like property, evidenced by the fact that it is acquired through wealth and its ownership can be removed by wealth, meaning he should not have authority over it like property.