{"id":6558,"date":"2013-06-12T18:39:41","date_gmt":"2013-06-12T18:39:41","guid":{"rendered":"http:\/\/daruliftabirmingham.co.uk\/?p=6558"},"modified":"2013-06-12T18:39:41","modified_gmt":"2013-06-12T18:39:41","slug":"wrote-three-talaqs-on-a-piece-of-paper-after-being-emotionally-forced-to-divorce-her-by-my-mother","status":"publish","type":"post","link":"https:\/\/daruliftabirmingham.co.uk\/home\/wrote-three-talaqs-on-a-piece-of-paper-after-being-emotionally-forced-to-divorce-her-by-my-mother\/","title":{"rendered":"Wrote three Talaqs on a piece of paper after being emotionally forced to divorce her by my mother"},"content":{"rendered":"

\n\tFatwa ID: 01279<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tAnswered by <\/strong>Mufti Mohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

\n\tQuestion:<\/span><\/strong><\/span><\/span>\n<\/p>\n

\n\tI was emotionally forced to divorce my wife by my mother. I wrote three Talaqs on a piece of paper and sent it to her. I am still in contact with her during her Iddah. Is this allowed?  <\/span><\/span><\/span>\n<\/p>\n

\n\tAnswer:<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\t\"Bismillah\"<\/a>\n<\/p>\n

\n\tIn the name of Allah, the most Beneficent, the most Merciful.<\/span><\/span><\/span>\n<\/p>\n

\n\tThere are two types of force:<\/span><\/span><\/span>\n<\/p>\n

    \n
  1. \n\t\tMuljee: Muljee is a situation where someone threatens a man to divorce his wife or otherwise he will kill him etc…<\/span><\/span><\/span>\n\t<\/li>\n
  2. \n\t\tGhair Muljee: Ghair Muljee is a situation where someone threatens a man to divorce his wife or otherwise he will beat him up etc…<\/span><\/span><\/span>\n\t<\/li>\n<\/ol>\n

    \n\t(Raddul Muhtar p.177 v.9)<\/span><\/span><\/span>\n<\/p>\n

    \n\t(The difference is that in ghair muljee he is not threatened with his life.)<\/span><\/span><\/span>\n<\/p>\n

    \n\tFurthermore, the jurists have added that if the individual who is being forced to divorce his wife is from a respectable background, then ghair muljee will be considered a sufficient enough force. If however, the individual is from a rough or aggressive background then muljee will be considered as a sufficient enough force.<\/span><\/span><\/span>\n<\/p>\n

    \n\t(Raddul Muhtar p.178 v.9)<\/span><\/span><\/span>\n<\/p>\n

    \n\tFrom 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.<\/strong><\/span><\/span><\/span>\n<\/p>\n

    \n\tThe author of Durre Mukhtar, states: “The Talaq of every husband is effected, be he a slave or under duress.”<\/span><\/span><\/span>\n<\/p>\n

    \n\t(Raddul Muhtar p.438 v.4)<\/span><\/span><\/span>\n<\/p>\n

    \n\tHowever, 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.<\/span><\/span><\/span>\n<\/p>\n

    \n\t(Raddul Muhtar p.440 v.4)<\/span><\/span><\/span>\n<\/p>\n

    \n\tIt should be borne in mind that situations such as being “emotionally forced” or being forced by someone without threat to ones life or the threat of being injured is not considered as being forced. <\/strong><\/span><\/span><\/span>\n<\/p>\n

    \n\tIn regards to your question the pressure put on to you by your mother would not come under Muljee or Ghair Muljee, hence, the three talaqs you wrote will be valid<\/strong> 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.<\/span><\/span><\/span>\n<\/p>\n

    \n\tWhen 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. <\/span><\/span><\/span>\n<\/p>\n

    \n\tThere are many ahadiths on the prohibition of strange men and strange women intermingling. Saaiduna Jarir Bin Abdullah \"ra\u1e0dyAll\u0101hu narrates that I asked the Prophet of Allah \"\u1e63allall\u0101hu 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)<\/span><\/span><\/span>\n<\/p>\n

    \n\tOnly Allah Knows Best<\/span><\/span><\/span>\n<\/p>\n

    \n\tMohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

    \n\tDarul Ifta Birmingham.<\/span><\/span><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

    Fatwa ID: 01279 Answered by Mufti Mohammed Tosir Miah Question: I was emotionally forced to divorce my wife by my mother. I wrote three Talaqs…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[4],"tags":[],"_links":{"self":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/6558"}],"collection":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/comments?post=6558"}],"version-history":[{"count":0,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/6558\/revisions"}],"wp:attachment":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/media?parent=6558"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/categories?post=6558"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/tags?post=6558"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}