Husband being forced by the daughters of his first wife to divorce his second wife

CategoriesDivorce [572]

Fatwa ID: 01655

Answered by Mufti Mohammed Tosir Miah

Question:

My husband give me divorce in these words i give talaq to attiqa, I give talaq to attiqa, i give talaq to attiqa, verbaly in presence of his daughter from first wife only. He was tied up by his daughters to bed and they forced him to give me divorce ,now my husband say this is not valid. Divorce my will was not included in it you are still my wife. What should I do now please reply soon as he forcing me to continue relation with him. I simply said you opted to divorce me only due to your daughters if your sons come you will do the same again please help me

 Answer:

Bismillah

There are two types of force:

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

In regards to your question the pressure put on to you by the daughters would not come under Muljee or Ghair Muljee, unless they were about to kill him or severly beat him up, hence, the three talaqs you wrote will be valid as long as you attributed the divorce to her, for example you wrote “O Zainab you are divorced” or you wrote “You are divorced” and sent it to your wife.

When the three divorces reached your wife she has become unlawful for you. Your relationship with her is now like that of a strange (non mahram) woman. 

There are many ahadiths on the prohibition of strange men and strange women intermingling. Saaiduna Jarir Bin Abdullah Radiallah Anhu narrates that I asked the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) about the sudden glance (that is cast) on the face (of a non-Mahram). He commanded me that I should turn away my eyes. (Sahih Muslim)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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