Is the wife considered divorced after she submitted an asylum application in Germany, claiming that the police forced her to do so, knowing that her husband made her divorce contingent upon submitting this application?
A man's statement to his wife, "You are divorced," is one of the ambiguous expressions (kinayat) of divorce, and it is considered a conditional divorce tied to seeking asylum. The majority of scholars hold that the divorce takes effect immediately upon the fulfillment of the condition, whereas Ibn Taymiyyah is of the opinion that it is an oath requiring expiation if the intention was to urge or to prevent.
If the wife was coerced into seeking asylum, then the divorce does not occur, based on the prophetic : "Indeed, Allah has overlooked for my Ummah mistakes, forgetfulness, and what they are coerced into." Furthermore, coercion is considered one of the impediments to legal capacity, and an act performed under duress is not attributed to the actor, nor is it considered a violation of an oath.
Therefore, if it is proven that the wife was coerced into seeking asylum, the divorce does not occur, and the veracity of the claim of coercion remains to be verified.
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