Ruling on Divorce by One Whose Intellect Has Vanished
Source: Fatāwā Amanpuri by Shaykh Ghulam Mustafa Zaheer Amanpuri
Question:
What is the ruling on the divorce of a person whose intellect has vanished?
Answer:
If a person’s intellect has vanished, then his divorce does not take effect.
❀ ʿAllāmah al-Qurṭubī رحمه الله (d. 671H) said:
أجمع العلماء على أن طلاق المعتوه لا يجوز.
“The scholars are unanimous that the divorce of an insane person does not take place.”
(Tafsīr al-Qurṭubī: 5/203)
