What is the ruling on me being forced to divorce my wife, or being given the choice between that and taking her and my children with me to my country after an order has been issued for my deportation? And is it permissible to circumvent this measure by divorcing her and then taking her back after the deportation?
The Islamic has placed divorce in the hands of the man. Therefore, it is impermissible to force you into it or to give you a choice between divorcing and having your family taken away. One possible solution is to use istir'aa (declaration of intent), by having a number of witnesses (at least four) bear witness that you are compelled to utter the words of divorce but do not intend for it to take effect. If you divorce your wife without istir'aa, and this is the first or second divorce, you may take her back during her waiting period (). We advise you to seek a way for your family to settle in your country of origin or the country where you reside.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 95315
- 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