What is the religious ruling on a wife being divorced under duress from her brothers, and the judge divorcing her in absentia based on the brothers' testimony, given that the husband did not attend because he was forced to divorce?
If the brothers strive to divorce their sister from her husband without just cause, they have committed a grave evil. If the husband was coerced into divorcing, his divorce is not valid if the coercion is considered legitimate (such as a threat of death). If the court proceedings are merely a documentation of the divorce, it has no effect on the occurrence of the divorce; what matters is what the husband initiated. If it was due to legitimate coercion, it is not valid. If it was without legitimate coercion according to Islamic law, then it is valid. However, if the judge ruled for divorce based on false testimony from the brothers, this divorce is not valid in reality, and the woman remains her husband's wife.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 114413
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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