Does the divorce of a man who is coerced by his wife's threat to harm his daughter if he does not divorce her take effect?
If a man divorces his wife to prevent her from harming his daughter, and it is confirmed that the wife will harm his daughter and he is unable to stop her, then according to the majority of scholars, the divorce is not binding and is considered a legitimate duress. However, if her threat is not confirmed or if he is able to prevent her, then the divorce is binding.
The majority of jurists hold that the divorce of one under duress does not occur if the duress is severe, based on the Prophet's (peace be upon him) saying: "There is no divorce and no manumission in a state of closure [i.e., coercion or mental preoccupation]," and his saying: "Indeed, Allah has pardoned for my Ummah their mistakes, their forgetfulness, and what they are forced to do." However, if the duress is weak, his divorce occurs. The Hanafis, however, believe that the divorce of one under duress occurs absolutely.
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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