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The question

Is a divorce that occurred under duress valid, and does it necessitate a new contract to remarry the wife?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the husband utters a clear statement of divorce, willingly and with full awareness, his divorce takes effect, and he cannot take his wife back except with a new contract. The insistence of the wife's family on divorce is not considered coercion. The recognized coercion is a threat of death or severe harm, with a strong presumption that the threat will be carried out. It is stipulated that the coercer must be capable, that the coerced person must strongly presume that the threat will be carried out, and that the harm must be significant, such as killing or severe beating.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
163906
Imported
Translation status
Source text, unreviewed
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