Is divorce valid by force?

· 18 Rabiʻ I 1425 AH1 min readFatwa 11584English
Marriage & DivorceDivorce (Talaaq)

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
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