Does divorce occur if a man says to his wife, "If you sign the paper, you are divorced," and then her father forces her to sign, and this was the final divorce?
If the wife signed the paper under duress, a recognized form of coercion (such as fear of death or beating), then the husband does not violate his oath, and no divorce occurs. This is based on the jurists' saying, "If she spoke to him under duress, he does not violate his oath." However, if the wife signed due to her father's command, without a recognized form of coercion, then the husband has violated his oath, and his divorce has occurred, whether he intended to effect the divorce or merely intended to threaten. This is the view of most scholars, contrary to Ibn Taymiyyah, who holds that he is only required to pay an expiation for violating an oath.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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