Is a divorce that was issued by the husband under pressure and coercion from his family, and after a valid seclusion (khalwa shar'iyya) without his family's knowledge, considered valid? And what is the ruling on the husband returning to his wife after this divorce without his family's knowledge? And is the wife still considered to be under his marital bond, or is a new contract required?
If the husband does not utter the divorce pronouncement or write it with the intention of effecting it, then the divorce does not occur, and the marital bond remains. However, if he utters it, the divorce occurs, even if he dislikes it due to fear of his father's anger, because this is not considered lawful coercion (ikrah shar'i). For coercion to be valid, the coercer must have authority or dominance, and it must be highly probable that the threat will be carried out, and the harm must be significant. If the divorce occurs after a valid seclusion ( sahiha), reconciliation is permissible during the waiting period (idda) without the need for a new contract. Nevertheless, the official divorce document must be changed to avoid corruption.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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