Does a divorce issued by a mentally ill wife who requests divorce while in a state of disturbance, in which she loses control of her will, take effect, especially if this recurs and reaches the third divorce?
A man's divorce does not take effect if he is compelled to it due to duress, such as a threat of death or harm to him or his child, unless he finds no other means to avert the harm. However, if he could have escaped the situation by another means, such as by leaving or calming it down, then the divorce takes effect. It is preferable for the husband in such a case to use an ambiguous statement for divorce, such as saying: "You are divorced" meaning divorced from bondage. It is recommended to present the case to a Sharia judge or consult with scholars directly.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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