Fatwa ID: 02997

Answered by: Maulana Tahsin Alam​

Question:

Assalamu Alaikum Wa Rahmatullah

I married my cousin secretly and he did not treat me as a wife but for an only physical relationship.  I told him to give me a divorce, he said 2 times to my face. He would never give a final divorce because he never wanted to let me go, but always have me there. Our families could not know we married as would be big problems and upset.

I then threatened to tell his family and older brother as I knew if he thought they would find out he would be scared and give divorce because he respects them a lot and they respect him.  I knew only one thing in world would make him give divorce and that was threatening to tell his family ( I had no intention to actually do this) he was very angry and text me saying ' I divorce you' and that he hates me, because he felt he no option and could not afford to be humiliated in front of family for marrying me in secret. My question is am I divorced because I force him to say but he says in writing not to my face?

Answer:

بسم الله الرحمن الرحيم

In the name of Allah, the Most Gracious, the Most Merciful.

Yes, you are divorced.^[1]

Only Allah Ta’ala knows best

Written by Maulana Tahsin Alam

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

^[1]قاعدة: الكتاب كالخطاب

ويقع طلاق المكره Imam Marghinani, Al-Hidayah, Kitaab al-Talaq.