Does a forced divorce take effect if the husband told the judge that he had divorced his wife twice, then answered "yes" when the judge asked him if there was another divorce, knowing that he was coerced into that act?
The conditions for valid duress that prevent a divorce from taking effect are: that the one exercising duress must have authority or dominance, that it is highly probable that the threatened harm will befall the person if they do not comply with the one exercising duress, along with their inability to repel or escape it, and that the harm is significant, such as killing, severe beating, prolonged imprisonment, or taking a large amount of property. As for a husband falsely claiming to have divorced his wife, the preponderant opinion is that divorce does not occur thereby. Since the judge has confirmed three divorces, the solution is to return to the court and present the matter with all its details.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 146775
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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