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Writing out three talaaqs under duress

Q: My sisters husband gave her three talaaqs about two weeks ago. After five months of marriage. It was a letter signed by him & written in her absence, then brought to my sister by somebody she didn’t know. Her father-in-law was behind all of this. Her husband said his dad wrote letter first, so he tore it up. Then his parents made him re- write it watching him. He said his dad would disown him if he goes against his dad. He even told my dad the day before that he still wants to be with my sister. She saw him crying when his dad made this decision for him. Now he says he didn’t mean to. Clearly he was under duress will this talaaq still be counted?

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A: If the husband wrote out the three talaaqs in the absence of the wife, the three talaaqs will be valid.

And Allah Ta’ala knows best.

الكتابة ممن نآي كالخطاب ممن دني (قواعد فقه ص 100 و شرح سير الكبير )

والمجوز في حق الغائب العجز (هداية ج4 ص705 )

و الكتابة ممن نآي كالخطاب ممن دني (هداية ج4 ص 705 )

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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