Jazak allah muftisaabji for your answer below, please kindly would you elaborate on what you mean by ‘force’ in this context and the level of force if any.
In the name of Allah, the most Beneficent, the most Merciful.
Answer
In regards to your question there are two types of force:
- Muljee: Muljee is a situation where someone threatens a man to divorce his wife or otherwise he will kill him etc…
- 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)
From the above information the Islamic ruling is that if someone is forced to divorce his wife in the aforementioned situations, then the divorce will be effective on the condition that he said it verbally.
The author of Durre Mukhtar, states: “The Talaq of every husband is effected, be he a slave or under duress.”
(Raddul Muhtar p.438 v.4)
However, if a man is forced to divorce his wife and he writes out a Talaq on paper and he even signs it or signs on a paper which has Talaq written on it from before, Talaq will not be effected.
(Raddul Muhtar p.440 v.4)
It should be borne in mind that situations such as being “emotionally forced” or being forced by someone without threat to ones life or the threat of being injured is not considered as being forced.
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham.