Does a divorce issued by a husband under duress and pressure from his family take effect, especially given that he suffers from mental confusion and forgetfulness due to an accident?
Divorce during menstruation is effective according to the majority of scholars, despite its being an innovative (bid'i) act. Family pressure does not prevent the occurrence of divorce. The recognized coercion is when there is certain knowledge or strong presumption of severe harm. Conditions for coercion: the coercer must have authority or dominance, the coerced must strongly believe the threat will be carried out, and the harm must be significant, such as: murder, severe beating, prolonged imprisonment, or taking a large amount of money. If a husband pronounces three divorces, being aware and acting voluntarily, then she is irrevocably divorced from him (baynunah kubra). However, if he was coerced or mentally incapacitated, his divorce is not religiously effective. But if the three divorces are recorded in official documents, he must refer the matter to the Sharia court for the judge to rule based on the evidence.
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