Does a divorce issued by the husband before a judge count, when he did not actually intend to end the marital relationship, and was under duress and threat of imprisonment, and is expiation (kaffara) due from him, knowing that the wife was pregnant at the time it occurred?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If a man is coerced into divorce by threats of physical or financial harm or imprisonment, his divorce does not take effect. If he did not utter the divorce but wrote it or signed it without intending divorce, then it is even more so that it does not take effect.
Marrying a second wife is permissible in Islamic law, and no one has the right to prevent it or coerce someone who desires it to divorce his first wife.
A woman should document her rights with her husband (such as a deferred Mahr), because after a civil divorce, she is no longer considered a wife in the eyes of the law.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/7299
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 7299
- 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
- Read the full answer on Ftawy