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Fatwa #115847 May 2004United States of America

Is divorce valid by force?

Question

Is divorce valid if a man is forced to divorce his wife at gunpoint? Someone told me Imam abu hanifah says in coersion ( by force) divorce is VALID. Imam Malik says by FORCE ( in coercion) divorce is not valid. Is this true?

Answer

According to Imaam Abu Hanifa (RA), verbal divorce by Ikraah (force) is valid.

A victim may issue the divorce only in writing. In this case, the written divorce will not be valid.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
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