Does a man's divorce of his second wife count, if it occurs under pressure and duress from his family and his first wife, despite his love for his second wife and her attachment to him?
The first wife's threat to demand a divorce, and her insistence along with her family's, does not constitute a valid duress that prevents the divorce from occurring. Rather, duress is considered valid when there is a strong presumption of severe harm, such as murder or beating. For duress to be valid, the coercer must have authority or dominance, the coerced must strongly believe that the threat will be carried out, and what is being threatened must be significant harm, such as murder, severe beating, or prolonged imprisonment. A revocable divorce allows the husband to take his wife back during her ' without the need for a new contract or mahr.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 190299
- 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