Does a divorce issued under duress and threat take effect, and is it permissible for the husband to take back his wife during her waiting period (iddah) after this divorce, knowing that he loves her and wants to keep her?
It would have been better not to rush into consummating the marriage with the wife before the scheduled time, due to the harm it causes to the family and its violation of custom. However, since the consummation has occurred, she is entitled to the full dowry, and she must observe the ' (waiting period) if a divorce takes place.
Regarding the occurrence of divorce: 1. If the compulsion was severe (coercion leading to duress): Such as a threat of severe harm to property, body, or honor, and the coercers were capable of carrying out their threats, then the divorce does not take place in this case. 2. If the threats did not reach the level of severe compulsion (coercion leading to duress): Then the divorce has occurred, and it is a revocable divorce (raj'i) according to the most preponderant opinion of the scholars. Therefore, the husband may take his wife back as long as her 'iddah has not expired. 3. Sin: There is no sin in a divorce. However, an innovative divorce ( bid'i) is forbidden. Pronouncing a divorce accompanied by the description of irrevocable separation (as in the question) is not permissible, and one must seek forgiveness for it.
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