Does a divorce that was issued with the intention of preventing departure from the dwelling, then the one who swore did depart by force, take effect?
If a person is forced to leave, deprived of his free will, his divorce does not take effect. For coercion to be established, the coercer must be able to carry out his threat, and the threat must involve the destruction of a life, a limb, property, or something that causes severe harm. If these conditions are met, the divorce does not take effect because coercion to perform an act is like not performing it. However, if there was no real coercion, the majority of jurists hold that divorce takes effect when one breaks an oath made by divorce, while Shaykh al-Islam Ibn Taymiyyah is of the opinion that only an expiation for an oath is required. It is preferable to refer the matter to the judiciary.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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