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Invalid Talaaq: Coerced and Confused

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: This is with regards to talaaq. Me and my wife have been living separate for a few months due to some family issues. For the past three months I have been given mental torture and pressure from both families to issue a talaaq which I have been totally against. This has lead to physical violence on my self (beaten up by family members). I was put inside a room and was told to issue a talaaq from my family which again I refused. I tried to walk out of the room but was dragged back and told not to move. I feared for myself as I knew if I don’t say the 3 T’s then I would endure serious physical harm to my self. In the end I didn’t know what I was saying but had to issue the 3 T’s in order for myself to be safe and secure. Since issuing the 3 T’s, I had no intention of doing this but I was in no frame of mind in that room. I didn’t know what was happening and feared for my own safety. Is this talaaq valid? Please can you help me?

Bismillaah

A: If you were conscious and aware at the time of issuing the talaaqs, then the talaaqs are valid.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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