Divorce Pronounced Under Coercion
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Fatwa No. ( 707 )
Q: There was a misunderstanding between him and the guardians of his wife, so he divorced his wife by saying to her: “You are divorced, then divorced,” only twice. He had not divorced her before that, and there was no compensation. He asks: Does he have the right to take his wife back given the circumstances mentioned? He stated that he divorced her in the manner described under the coercion of his wife’s guardians.
A: If the matter is as the questioner stated, that he divorced his wife only twice, that he had not divorced her before that, and that there was no compensation, then this divorce is considered a revocable divorce. He may take his divorced wife back as long as she is in the waiting period. If she exits the waiting period before he takes her back, it is permissible for him to return to her with a new contract and a new bridal gift, with her consent, while fulfilling the conditions and pillars of the marriage contract. She would remain with him with one divorce remaining. As for his statement that he was coerced into divorcing his wife by her guardians, if that is established according to the Shari'ah and his coercion was of a kind where he feared for his own life if he did not comply with their request, then his divorce does not take effect; due to the generality of the saying of the Prophet (peace and blessings be upon him):Sunan Ibn Majah 2045Sahih (Darussalam)
Narrated by Ibn Majah and al-Daraqutni. 'Abd al-Haqq said: Its chain of narration is connected and authentic. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: There was a misunderstanding between him and the guardians of his wife, so he divorced his wife by saying to her: “You are divorced, then divorced,” only twice. He had not divorced her before that, and there was no compensation. He asks: Does he have the right to take his wife back given the circumstances mentioned? He stated that he divorced her in the manner described under the coercion of his wife’s guardians.
A: If the matter is as the questioner stated, that he divorced his wife only twice, that he had not divorced her before that, and that there was no compensation, then this divorce is considered a revocable divorce. He may take his divorced wife back as long as she is in the waiting period. If she exits the waiting period before he takes her back, it is permissible for him to return to her with a new contract and a new bridal gift, with her consent, while fulfilling the conditions and pillars of the marriage contract. She would remain with him with one divorce remaining. As for his statement that he was coerced into divorcing his wife by her guardians, if that is established according to the Shari'ah and his coercion was of a kind where he feared for his own life if he did not comply with their request, then his divorce does not take effect; due to the generality of the saying of the Prophet (peace and blessings be upon him):
Allah has forgiven my nation for mistakes and forgetfulness, and what they are forced to do.
إن الله وضع عن أمتي الخطأ والنسيان وما استكرهوا عليهNarrated by Ibn Majah and al-Daraqutni. 'Abd al-Haqq said: Its chain of narration is connected and authentic. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.