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The question

Is a divorce that occurs as a result of a mother's coercion, threats, and her son's fear of disobeying her considered a divorce under duress?

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

A divorce issued under duress without legal right is not valid. However, for duress to be considered, it has conditions: that the coercer be capable, by authority or dominance, and that the coerced person predominantly believes the threat will be carried out if they do not comply, along with their inability to repel or escape it, and that the damage inflicted be severe, such as killing or severe beating. The statement "Divorce her or I will kill myself" is not considered duress unless the speaker is a parent or child. Therefore, determining whether the questioner's situation reached the level of duress depends on knowing the reality of the mother's condition, the extent of her seriousness, and the impact of that on her health.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
127875
Imported
Translation status
Source text, unreviewed
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