🚪 Divorce, ʿiddah & rujuk · #36
A husband is forced or threatened into pronouncing talaq: does it take effect?
A talaq pronounced by a husband who is genuinely coerced under serious threat does not take effect, according to the majority of scholars.
Recognised coercion is a threat that the person making it is able to carry out and that endangers life, limb or honour, so that the husband has no choice. Allah pardons the one who is forced to utter words of disbelief, so how much more a pronouncement of talaq. The hadith on sin being lifted from one who is coerced is also relied upon.
Ordinary pressure, such as family insistence, does not count as coercion. The Syariah Court will assess the evidence about the threat. See talaq & divorce.
Recognised coercion is a threat that the person making it is able to carry out and that endangers life, limb or honour, so that the husband has no choice. Allah pardons the one who is forced to utter words of disbelief, so how much more a pronouncement of talaq. The hadith on sin being lifted from one who is coerced is also relied upon.
Ordinary pressure, such as family insistence, does not count as coercion. The Syariah Court will assess the evidence about the threat. See talaq & divorce.
Difference between schools. Shafi'i, Maliki, Hanbali: it does not take effect. Hanafi: it takes effect even under compulsion.
Sources
Surah an-Nahl 16:106Narrated by Ibn Majah (hasan) — sin is lifted for mistakes, forgetfulness and compulsion