What is the ruling on the divorce of one who is coerced?
Machine translationRead the Arabic original
السؤال:
This is a question from the listener Ramadan Hasan Droush, from Iraq, Tameem Governorate. He says: I married more than three years ago, after obtaining the consent of the wife and her family. After this period had passed, my wife requested a divorce, claiming that she was not satisfied with me at the time of the marriage. Her brother supported her in this request, and they insisted on it. Her brother threatened me if I did not do it. In fact, I divorced her under the pressure of the threat and the fear of his harm. What is the ruling on such a divorce?
Answer:
This is referred to the court, and the court looks into the matter, examining the evidence, the reality, the husband's evidence, and so on. It looks into the matter, and may Allah guide the judge to what is good. Yes.
The presenter: I mean, in terms of the ruling, the divorce by coercion?
The Shaykh: We do not say anything about this; we fear that the claimant is not correct, not truthful.
The presenter: I mean as a general ruling, that is, for the coerced person?
The Shaykh: The divorce of the coerced person does not take effect.
The presenter: The divorce of the coerced person does not take effect.
The Shaykh: The divorce of one who is coerced by beating or threats from someone he believes will carry them out does not take effect. If he divorced her following his statement that the intention was coercion, no, because he was pleased with her. However, the ruling in this matter is referred to the judge, because the claimant may not be correct; he may not have been coerced. Yes.
This is a question from the listener Ramadan Hasan Droush, from Iraq, Tameem Governorate. He says: I married more than three years ago, after obtaining the consent of the wife and her family. After this period had passed, my wife requested a divorce, claiming that she was not satisfied with me at the time of the marriage. Her brother supported her in this request, and they insisted on it. Her brother threatened me if I did not do it. In fact, I divorced her under the pressure of the threat and the fear of his harm. What is the ruling on such a divorce?
Answer:
This is referred to the court, and the court looks into the matter, examining the evidence, the reality, the husband's evidence, and so on. It looks into the matter, and may Allah guide the judge to what is good. Yes.
The presenter: I mean, in terms of the ruling, the divorce by coercion?
The Shaykh: We do not say anything about this; we fear that the claimant is not correct, not truthful.
The presenter: I mean as a general ruling, that is, for the coerced person?
The Shaykh: The divorce of the coerced person does not take effect.
The presenter: The divorce of the coerced person does not take effect.
The Shaykh: The divorce of one who is coerced by beating or threats from someone he believes will carry them out does not take effect. If he divorced her following his statement that the intention was coercion, no, because he was pleased with her. However, the ruling in this matter is referred to the judge, because the claimant may not be correct; he may not have been coerced. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.