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The question

Is a divorce that took place under duress and coercion valid, given the existence of an intention contrary to the wording of the divorce, and is the wife still under the husband's marital bond?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The divorce of one who is compelled under duress that leaves no option (ikrah mulji') does not take effect. The questioner's situation meets the conditions of such duress. Duress varies depending on what one is compelled to do; the duress considered in a gift is not the same as the duress considered in uttering words of disbelief. Therefore, the woman remains under the husband's marital bond. The husband does not need to use dissimulation (tawriyah) to avoid the divorce from taking effect, as long as he is under duress; his intention in his heart is sufficient. We emphasize that it is not permissible for a wife to seek divorce without a legitimate legal reason, and that striving to separate spouses is a grave sin. Divorce before consummation is an irrevocable divorce (talaq ba'in), and it is not permissible to take the wife back except with a new contract and dowry. His marriage to her in the previous period was a dubious marriage (nikah shubhah). We advise consulting the authorities specialized in personal status matters.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
73317
Imported
Translation status
Source text, unreviewed
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