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I forced him to text me a divorce, is it valid?

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by: Maulana Tahsin Alam​


Question:


Assalamu Alaikum Wa Rahmatullah


I married my cousin secretly and he did not treat me as a wife but for only physical relationship.  I told him to give me a divorce, he said 2 times to my face. He would never give a final divorce because he never wanted to let me go, but always have me there. Our families could not know we married as would be big problems and upset. I then threatened to tell his family and older brother as I knew if he thought they would find out he would be scared and give a divorce because he respects them a lot and they respect him.


 I knew only one thing in world would make him give divorce and that is to threaten to tell his family ( I had no intention to actually do this) he was very angry and text me saying ‘ I divorce you’ and that he hates me, because he felt he no option and could not afford to be humiliated in front of family for marrying me in secret. My question is am I divorced because I force him to say but he says it in writing and not to my face?


بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم


Assalamu Alaikum Wa Rahmatullah


Yes, you are divorced.[1]


 


Only Allah Ta’ala knows best


 


Written by Maulana Tahsin Alam


Checked and approved by Ustadha Sabrina al-Faarsiyyah


Darul Ifta Birmingham


 



[1]قاعدة: الكتاب كالخطاب


ويقع طلاق المكره Imam Marghinani, Al-Hidayah, Kitaab al-Talaq.


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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