I was wondering if a guy and his younger sister

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Ref no: 0102#

Date: Tuesday, May 10, 2011

Category

Divorce

Title

I was wondering if a guy and his younger sister

Question

> i was wondering if a guy and his younger sister and mother are held

> against there will and told at gunpoint to give his wife a divorce by

> the wifes uncles or father is this divorce still islamicly still

> considered a divorce when you know for a fact they will kill you? in

> my opinion its considered forced because you cant say no because they

> will kill you and your family.. so is it still a correct divorce. also

> was wondering

>

> if it is and the parents or girl later decide to get remarried does

> the girl still have to observe IDAT and have to marry someone else

> before marryingthat guy again?

Answer

Muhtaram / Muhtaramah

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.

 

A verbal divorce issued by a person under force is valid. The ruling of

> reconciliation depends on the type of divorce issued by the husband. If the

> husband issued a talaaq raji (revocable divorce), then the wife may return

> to the husband in her idat without a new nikah. If the divorce was a talaaq

> baa’in (irrevocable divorce) a new nikah would be compulsory. However, there

> would be no need for the wife to marry another person. And if the husband

> issued three talaaqs or one mughladha (a permanently irrevocable divorce)

> then upon completion of her idat and remarrying, the wife may return back to

> the first husband.

>

> الدر المختار – (ج 3 / ص 235 سعيد)

> (ويقع طلاق كل زوج بالغ عاقل) ولو تقديرا.

> بدائع، ليدخل السكران (ولو عبدا أو مكرها) فإن طلاقه صحيح لا إقراره بالطلاق

>

> حاشية الشلبي تبيين الحقائق شرح كنز الدقائق – (ج 3 / ص34 دار الكتب العلمية)

> ( قوله في المتن : ولو مكرها وسكران ) ولا خلاف بين أصحابنا في وقوع طلاق

> المكره كذا قال الأتقاني رحمه الله قال في الهداية

>

> البحر الرائق شرح كنز الدقائق – (ج 3 / ص245 رشيدية)

> قوله : ( ولو مكرها ) أي ولو كان الزوج مكرها على إنشاء الطلاق

 

 

And Allah knows best
Darul Iftaa

Madrasah Inaa’miyya

 

 

· The Sharée ruling herein given is specifically based on the question posed and should be read in conjunction with the question.

· The Darul Ifta bears no responsibility to any party who may or may not act on this answer. The Darul Ifta being hereby exempted from loss or damage howsoever caused.

· This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Ifta.

 

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