Fatwa: # 15399
Category: Divorce (Talaaq)
Country: India
Date: 18th July 2007

Title

Forced divorce does sent count in Islam?

Question

With reference question no.2 to Fatwa #  15271. I had seek opinion of islamic scholar in Saudi Arabia and narrated the incident in full to him . His Opinion was the forced divorce doesn't count as divorce in islam and he has given me following reference from :

1. Fatwa from Shaykh Dr. Saalih Ibn Fowzaan Ibn 'Abdullaah Ibn Fowzaan.  He is a member of Permanent Committee for Islaamic Research and Fataawa,saudi arabia

In his book Al-Mulakhas Al Faqhi (no.14 vol- 2 page 388).

I am quoting here a translation which states that.

If a person is forced by some to divorce and he if divorces by force with no other option, then this will not be counted as divorce as our beloved prophet Nabi Rasulullah (sallallahu alayhi wasallam) had said

áÇØáÇÞ æ áÇÚÊÇÞ Ýí ÇÛáÇÞ

 

 

 

which means " No divorce counts in forced conditions" this hadith has been recorded by Imam Ahmed,Imam Abu Dawood,and Imam Ibn Maja from AAISHAH (radhiallahu anha) {Sunnah Imam Abu Dawud (2193), Sunnah Imam Ibn Majah(2046)}

Further his quotes the holy quran reference,Surah An-nahl,first part of verse no 106.

states that "Whoever disbelieved in Allâh after his belief, except him who is forced thereto and whose heart is at rest with Faith"

lastly he adds, as we all know khufar which is greatest sin and if Allah(SWT)can forgive khufar is forced conditions then definately divorce which accounts to lesser sin in comparsion khufar should be forgiven.

Please refer the original book in arabic version for more clarifiactions.

Another reference is

Minhaz Al-Muslim ( Page 638-39) , By Abu Bakar Jabir Al-Jazayri ( Professor, Masjid – e – Nabvi, Al-Madina Al-Munwara – Saudi Arabia),it is transalted by Maulana Mohammed Rafiq Al-Asri 

 

You can refer this book for clarification

 

and third one i found from net is

 

http://path-to-peace.com/community/showthread.php?t=2637

 

It is also saying same thing and also gives same reference hadith {Sunnah Imam Abu Dawud (2193), Sunnah Imam Ibn Majah(2046)}

 

 

Scholar's said questions 3 and 4 does not apply in this case as the divorce has not taken place as per islamic view.

I am sharing this with you all as it is important to share knowledge which can be benifitical of all Ummah.

Please let me know if these opinions and fatwas are correct ?

We should all seek the forgiveness of Allaah, certainly, Allaah is ever Oft-Forgiving, Most Merciful

Allah knows the best

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

 

We have stated in our response of Fatwa # 15271 that the verbal Talaaq of a Mukrah (forced person) is valid and binding. This is the ruling of the Hanafi Madhab.

 

The contents of your email reproduced from the book Al Mulakkhas is the ruling of the Shaafi, Maaliki and other Madhaahib. All these Madhaahib have their academic proofs for their views. For further reference on the hanafi opinion you may refer to the following references:

 

Al Bazlul Majhood Page 68/69 Vol. 4

 

 

An Nasbur Raayah Page 222 Vol. 3

 

 

Fathul Malikil Maa'bood (Sharah Abi Dawood) Baab Fi Talaaq Fi Gaith

 

Awnul Maa'bood (Sharah Abi Dawood) Vol.4 Page 294

 

Fathul Qadeer Vol 3 Page 39

 

 

 

And Allah knows best

 

Checked and Approved by,

 

Mufti Ebrahim Desai
Darul Iftaa

 

 

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