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Forced to give Khula to one’s wife

Answered according to Hanafi Fiqh by DarulIftaBirmingham
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Answered by Mufti Mohammed Tosir Miah


Question:


Forced to give Khula to one’s wife


Answer:


Bismillah


There are two types of force:


  1. Muljee: Muljee is a situation where someone threatens a man to divorce his wife or otherwise he will kill him etc…

  2. Ghair Muljee: Ghair Muljee is a situation where someone threatens a man to divorce his wife or otherwise he will beat him up etc…


(Raddul Muhtar p.177 v.9)


(The difference is that in ghair muljee he is not threatened with his life.)


Furthermore, the jurists have added that if the individual who is being forced to divorce his wife is from a respectable background, then ghair muljee will be considered a sufficient enough force. If however, the individual is from a rough or aggressive background then muljee will be considered as a sufficient enough force. (Raddul Muhtar p.178 v.9)


Regarding your question, if you were not threatened in such a way where your life was at risk then the three divorces uttered by you will be considered valid.      Remember, emotionally forced is not considered to be force in the Shariah.


Only Allah Knows Best


Mohammed Tosir Miah


Darul Ifta Birmingham.


This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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