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
- Answered by
- Mufti Ebrahim Desai
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/11584
Fatawa SA: https://fatawa.co.za/fatwa/askimam-11584
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