Does a man's divorce of his wife count if he was forced into it by her threat that she "will make him see what he does not wish to see"?
Not every threat to the husband is considered actionable duress that prevents divorce from occurring. Rather, actionable duress exists when there is a strong presumption that severe harm, such as killing or beating, will occur. Duress has conditions, including: that the coercer must have power through authority or dominance, that the coerced must strongly believe the threat will be carried out if he does not comply, and that the harm must be significant, such as killing, severe beating, or prolonged imprisonment. Such matters are referred to the judiciary for resolution, because what causes distress that negates consent varies among individuals and situations, and the ruler is entrusted with considering this.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 193018
- 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