Section 1: The validity requirements for imprecation

1- That which is required for an imprecation to be valid
a. It has to be between married spouses who are legally held accountable in religion: The majority of scholars [202] Maliki scholars view it as permissible for the husband to imprecates his minor wife if she is physically able to have intercourse. However, she does not need to respond to the act of imprecation. hold the view that in order for imprecation to be valid, it should be between a man and his wife who are both deemed accountable in religion. This is the view of the Hanafi, Shafi’i, and Hanbali Madhabs.
b. The wife should deny the accusation until the end of the imprecation: The four Madhabs agree that for an imprecation to be valid, the wife has to deny the accusation until the end of the imprecation.
c. A judge/ ruler should rule the decision of imprecation: The four Madhabs agree that for an imprecation to be valid, the decision of imprecation needs to be established by a ruler (or a judge).

2- That which is not required for an imprecation to be valid

a. Sight: The four Madhabs and some of the righteous predecessors hold the view that it is not a requirement for the accuser to be able to see. Hence, the imprecation of a blind person is deemed valid.
b. Speech: The majority of scholars from the Maliki, Shafi’i, and Hanbali Madhabs hold the view that It is not required for the accuser to be able to speak so that his imprecation be valid. Accordingly, the imprecation of a mute person is deemed valid.
c. The ruler approves of their separation: The majority of scholars [203] Maliki and Hanbali Madhabs are of the view that separation occurs when they both complete the act of imprecation. However, the Shafi’i scholars are of the view that separation takes place upon the imprecation of the husband, even if the wife does not do her part in response to him in the act of imprecation. , namely Maliki, Shafi’i, and Hanbali scholars, as well as some of the righteous predecessors, hold the view that the validity of the imprecation does not require a ruler to separate between the man and his wife.