Fatwa ID: 02217
Answered by Ustaadha Bint Salih
Question:
Assalamualaiykum, a question for knowledgeable brothers and sisters for somebody's circumstances.
If a woman forces her husband by threatening him and bullying him to give divorce and during the iddat end period if the husband says that he takes her back.
Does he need to have witness to say that he has said he has taken her back?
Is the divorce valid and is the taking back valid.
If in your knowledge please answer this question.
Jzkwsalam
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 ghairmuljee 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 which has Talaq written on it from before, Talaq will not be effected.
(Raddul Muhtar p.440 v.4)
It should be borne in mind that situations such as being “emotionally forced” or being forced by someone without threat to one’s life or the threat of being injured is not considered as being forced.
With regards to your question, the talaq the husband gave was valid. The ‘force’ in question will not cancel out the divorce.
As far as rujoo is concerned, if he took her back during the iddah period then it will be valid.
The jurists have listed two ways of effecting a Rujuu, one by speech and the other by action. It is more praiseworthy to make Rujuu by speech rather than action.
(Raddul Muhtar p.24 v.5)
To effect a Rujuu by speech, the husband can say ‘I have made Rujuu’ or ‘I have retained you’. The jurists have placed the condition of there being lust and desire on the part of either the husband or wife if Rujuu is initiated by action.
Rujuu will be effected whether the wife is in front of him or not however, where the wife is not present it is best to have two witnesses present.
(Raddul Muhtar p.25 v.5)
To have witnesses is not necessary, but preferred.
Only Allah knows best.
Ustaadha Bint Salih.
Darul Ifta Birmingham.
Checked and approved by Mufti Mohammed Tosir Miah
