***** For other Fatawa, please click on the topics on the left *****



List Of Topics

فتاویٰ > Miscellaneous

Share |
f:825 -    Is divorce by force valid?
Country : Hyderabad, India,
Name : submittername
Question:     If someone is forced to divorce the wife at the insistence of the relatives and parents, then will the divorce be affected?
............................................................................
Answer:     The Shariah defines “being forced” as the danger of being killed or of being mutilated (having a body part entirely cut away).  Also the person making the threat should be capable of carrying it out.  

If a person is forced in this manner to sign on divorce papers, then the divorce is not affected.  If he says the word “Talaq,” then it will be affected.

If the coercion is not of this kind, the Shariah does not consider it as “being forced.”  Thus, the divorce will be affected whether one signs of divorce papers or says it.

And Allah (Subhanahu Wa Ta’ala) knows best.

Mufti Syed Ziauddin Naqshbandi Qadri

[Professor, Islamic Law, Jamia Nizamia,
Founder/Director, Abul Hasanaat Islamic Research Center]

All Right Reserved 2009 - ziaislamic.com