Ref no: 0102#
Date: Tuesday, May 10, 2011 |
Category
Divorce
Title
I was wondering if a guy and his younger sister
Question
> i was wondering if a guy and his younger sister and mother are held
> against there will and told at gunpoint to give his wife a divorce by
> the wifes uncles or father is this divorce still islamicly still
> considered a divorce when you know for a fact they will kill you? in
> my opinion its considered forced because you cant say no because they
> will kill you and your family.. so is it still a correct divorce. also
> was wondering
>
> if it is and the parents or girl later decide to get remarried does
> the girl still have to observe IDAT and have to marry someone else
> before marryingthat guy again?
Answer
Muhtaram / Muhtaramah
In the Name of Allāh, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.
A verbal divorce issued by a person under force is valid. The ruling of
> reconciliation depends on the type of divorce issued by the husband. If the
> husband issued a talaaq raji (revocable divorce), then the wife may return
> to the husband in her idat without a new nikah. If the divorce was a talaaq
> baa’in (irrevocable divorce) a new nikah would be compulsory. However, there
> would be no need for the wife to marry another person. And if the husband
> issued three talaaqs or one mughladha (a permanently irrevocable divorce)
> then upon completion of her idat and remarrying, the wife may return back to
> the first husband.
>
> الدر المختار – (ج 3 / ص 235 سعيد)
> (ويقع طلاق كل زوج بالغ عاقل) ولو تقديرا.
> بدائع، ليدخل السكران (ولو عبدا أو مكرها) فإن طلاقه صحيح لا إقراره بالطلاق
>
> حاشية الشلبي تبيين الحقائق شرح كنز الدقائق – (ج 3 / ص34 دار الكتب العلمية)
> ( قوله في المتن : ولو مكرها وسكران ) ولا خلاف بين أصحابنا في وقوع طلاق
> المكره كذا قال الأتقاني رحمه الله قال في الهداية
>
> البحر الرائق شرح كنز الدقائق – (ج 3 / ص245 رشيدية)
> قوله : ( ولو مكرها ) أي ولو كان الزوج مكرها على إنشاء الطلاق
And Allah knows best
Darul Iftaa
Madrasah Inaa’miyya
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