Fatwa ID: 05356

Answered by: Mufti Muhammad Imad Ali

Question 

Due to various problems and a lack of change in the situation, the wife left and asked for a divorce from her husband. The husband refused and would not give it as he felt they should try in the marriage and changes would be made. But he was pushed by both families and his wife that he would have to sign a letter the wife wrote and sent him. He told me he would never accept it and does not accept that he ever gave a divorce and was forced to sign it under pressure. As soon as it was signed, he asked the wife to come back and work at the marriage. There has been some time and the iddah period has ended. The wife has had time to think and see marriages need time and problems can be resolved.

Is our marriage still valid as rujoo was made and request to come back? I would like to see if we can make our marriage work or is this divorce? He signed his name once on the paper? The word bain was added onto the paper which he didn’t understand what it meant. does the nikkah need to be redone?

In the name of Allah the Most Beneficent, the Most Merciful

Answer

There are two types of force:

Muljee: Muljee is a situation where someone threatens a man to divorce his wife or otherwise he will kill him etc…

GhairMuljee: GhairMuljee is a situation where someone threatens a man to divorce his wife or otherwise he will beat him up etc…
(Raddul Muhtar p.177 v.9)

(The difference is that in ghair muljee he is not threatened with his life.)

From the above information, the Islamic ruling is that if someone is forced to divorce his wife in the aforementioned situations, then the divorce will be effective on the condition that he said it verbally.

The author of Durre Mukhtar, states: “The Talaq of every husband is effected, be he a slave or under duress.” (Raddul Muhtar p.438 v.4)

However, if a man is forced to divorce his wife and he writes out a Talaq on paper and he even signs it or signs on a paper that has Talaq written on it from before, Talaq will not be affected. (Raddul Muhtar p.440 v.4)

Regarding your question, if your husband or you were not threatened in such a way where your lives were at risk then the khula agreed by you and your husband would be valid and one irrevocable divorce (Talaq Bain) will take place. Remember, emotionally forced is not considered to be force in the Shariah. However, you can still get back together again as long as you redo your nikah.

The effects of Talaq Baain are the Kinaya words when one intends to divorce by them. (Raddul Muhtaar pg: 507 v: 2 & Hidayah pg: 374 v: 2)

Kinaya means using words that are not exclusively prescribed for issuing divorce, but alludes and hints to it. Kinaya words do not affect divorce unless one intends to divorce by them or it is determined by the circumstances. (Raddul Muhtaar pg: 501 v: 1 & Fataawa Hindiyah pg: 374 v: 1 & Hidayah pg: 373 v: 2)

Only Allah knows best.

Written by Mufti Muhammad Imad Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham