{"id":9227,"date":"2017-07-20T16:32:20","date_gmt":"2017-07-20T16:32:20","guid":{"rendered":"http:\/\/daruliftabirmingham.co.uk\/?p=9227"},"modified":"2017-07-20T16:33:04","modified_gmt":"2017-07-20T16:33:04","slug":"forced-to-divorce-and-then-doing-rujoo","status":"publish","type":"post","link":"https:\/\/daruliftabirmingham.co.uk\/home\/forced-to-divorce-and-then-doing-rujoo\/","title":{"rendered":"‘Forced’ to divorce and then doing Rujoo"},"content":{"rendered":"

\n\tFatwa ID: 02217<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tAnswered by <\/strong>Ustaadha Bint Salih<\/span><\/span><\/span>\n<\/p>\n

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

\n\tAssalamualaiykum, a question for knowledgeable brothers and sisters for somebody's circumstances.
\n\tIf 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.
\n\tDoes he need to have witness to say that he has said he has taken her back?
\n\tIs the divorce valid and is the taking back valid.
\n\tIf in your knowledge please answer this question.
\n\tJzkwsalam<\/span><\/span><\/span>\n<\/p>\n

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

\n\t\"Bismillah\"<\/a>\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\tGhairMuljee: GhairMuljee is a situation where someone threatens a man to divorce his wife or otherwise he will beat him up etc…
    \n\t\t(Raddul Muhtar p.177 v.9)<\/span><\/span><\/span>\n\t<\/li>\n<\/ol>\n

    \n\t(The difference is that in ghairmuljee he is not threatened with his life.)<\/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.<\/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.”
    \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.
    \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 one’s life or the threat of being injured is not considered as being forced.<\/span><\/span><\/span>\n<\/p>\n

    \n\tWith regards to your question, the talaq the husband gave was valid. The ‘force’ in question will not cancel out the divorce.<\/span><\/span><\/span>\n<\/p>\n

    \n\tAs far as rujoo is concerned, if he took her back during the iddah period then it will be valid.<\/span><\/span><\/span>\n<\/p>\n

    \n\tThe 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.
    \n\t(Raddul Muhtar p.24 v.5)<\/span><\/span><\/span>\n<\/p>\n

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

    \n\tRujuu 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. 
    \n\t(Raddul Muhtar p.25 v.5)<\/span><\/span><\/span>\n<\/p>\n

    \n\tTo have witnesses is not necessary, but preferred.<\/span><\/span><\/span>\n<\/p>\n

    \n\tOnly Allah knows best.<\/span><\/span><\/span>\n<\/p>\n

    \n\tUstaadha Bint Salih.          <\/span><\/span><\/span>\n<\/p>\n

    \n\tDarul Ifta Birmingham.<\/span><\/span><\/span>\n<\/p>\n

    \n\tChecked and approved by Mufti Mohammed Tosir Miah<\/span><\/span><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

    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…<\/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\/9227"}],"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=9227"}],"version-history":[{"count":1,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/9227\/revisions"}],"predecessor-version":[{"id":9228,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/9227\/revisions\/9228"}],"wp:attachment":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/media?parent=9227"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/categories?post=9227"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/tags?post=9227"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}