If the one who has the power to act threatens and coerces him into pronouncing divorce, the divorce does not take effect
Machine translationRead the Arabic original
Fatwa number ( 10811 )
Q: A man was entered by a group of tyrannical oppressors in his house, and they beat him severely, then tied his hands and eyes, and carried him in their vehicle to one of the mountains, and they had weapons of killing with them, so they said to him: “Divorce your wife with a conditional divorce, meaning: say: (If I do one of the three matters, then my wife is divorced three times), otherwise we will kill you, and by Allah we will not leave you alive,” and the matters are: 1- If you associate with so-and-so in the matters of jihad. 2- If you pursue us for revenge for the martyr so-and-so, they killed him.
That you inform anyone of what we did to you. So the aforementioned coerced man said what they told him to say, and they let him go, and he came to his house and did one of the three matters, meaning: he informed some of his friends of what they did to him, and he did not do the other two, so this man asks you and seeks your fatwa regarding the divorce of his wife, is it effective or not, and will it take effect with the remaining two matters or not? Clarify for us the Shari'ah ruling, may Allah reward you with good.
A: If the matter is as mentioned, then the divorce does not take effect, even if he informed about the three matters; because they threatened him until he pronounced a conditional divorce, and they threatened to kill him if he informed about the three matters or one of the three matters. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A man was entered by a group of tyrannical oppressors in his house, and they beat him severely, then tied his hands and eyes, and carried him in their vehicle to one of the mountains, and they had weapons of killing with them, so they said to him: “Divorce your wife with a conditional divorce, meaning: say: (If I do one of the three matters, then my wife is divorced three times), otherwise we will kill you, and by Allah we will not leave you alive,” and the matters are: 1- If you associate with so-and-so in the matters of jihad. 2- If you pursue us for revenge for the martyr so-and-so, they killed him.
That you inform anyone of what we did to you. So the aforementioned coerced man said what they told him to say, and they let him go, and he came to his house and did one of the three matters, meaning: he informed some of his friends of what they did to him, and he did not do the other two, so this man asks you and seeks your fatwa regarding the divorce of his wife, is it effective or not, and will it take effect with the remaining two matters or not? Clarify for us the Shari'ah ruling, may Allah reward you with good.
A: If the matter is as mentioned, then the divorce does not take effect, even if he informed about the three matters; because they threatened him until he pronounced a conditional divorce, and they threatened to kill him if he informed about the three matters or one of the three matters. 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.