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What is the ruling on divorce if it is issued by the court without the husband's presence or knowledge, and does a divorce that the husband was compelled to issue after consummation with his wife take effect?

1 min readAlso available in العربية

What your wife's family did by forcing you to divorce and taking your wife from you by force is not permissible, and it is an injustice if the reason was your marriage to another woman, unless they stipulated in the contract that you should not be married.

A divorce pronounced under duress is not valid if the duress was compelling. "No divorce in closure" (referring to a state of being overwhelmed or compelled).

If the duress was not compelling, then the divorce is effective and valid, and you have the right to take her back as long as she is within her iddah (waiting period). Divorce is the husband's right, and what secular courts have ruled is not শরعي (Islamically lawful), and this woman is still your wife in the sight of Sharia.

Try to get your wife back by seeking help from someone who holds a respected position with her family. If you despair, then divorce her and seek your reward from Allah. You may ask her and her family for a ransom for her release, and it is preferable that this not exceed what you paid her as a dowry.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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