Wrote three Talaqs on a piece of paper after being emotionally forced to divorce her by my mother

CategoriesDivorce [572]

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 on a piece of paper and sent it to her. I am still in contact with her during her Iddah. Is this allowed?  

Answer:

Bismillah

In the name of Allah, the most Beneficent, the most Merciful.

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.)

Furthermore, 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.

(Raddul Muhtar p.178 v.9)

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 ones 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 your mother would not come under Muljee or Ghair Muljee, 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 raḍyAllāhu 'anhu (may Allāh be pleased with him) 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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