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Being forced to utter the words of talaaq

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: If a man is obliged to divorce his wife as he is threatened and he says the words in which divorce occurs but he didn’t want to nor did he intend divorce he was just compelled to do so as he feared his life and his wife’s as he was forced and had no choice because of the threat, is divorce considered and takes place here?

Bismillaah

A: If he uttered the words of talaaq, the talaaq will take place even though he was forced to utter the words of talaaq.

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

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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