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Fatwa CenterHer husband forced her to write Khul'
Question
If a husband force his wife to write khula on a plain paper and signed it along with her passport photo, but his wife dosen't want to separate from him, but he don't want her & don't want to give talaaq, but wishes that his wife should give khula & go,but she disagree with it ,so he brought such circumstance in front of her that she has to write khula & sign. now i want to know that dose they r no longer husband wife. b'coz wife has in force written it but with out intention.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
It is not permissible for a husband to force his wife to ask for Khul’; Allaah Says (what means): {And do not make difficulties for them in order to take [back] part of what you gave them unless they commit a clear immorality [i.e. adultery].}[Quran 4:19]
The Khul’ that takes place under coercion does not take effect as the Prophet said: "Divorce and manumission do not count in case of Ighlaaq.” [Ahmad and Ibn Maajah] [The word “Ighlaaq” means everything that prevents perception, will and consciousness.]
However, it is a condition for coercion to be considered that there should be no other alternative to it. For more benefit in this regard, please refer to Fataawa 90215 and 85014.
Therefore, if the coercion is like the above cases [in the Fataawa referred above], then Khul’ does not take place according to the most preponderant opinion and a revocable divorce takes place instead as stated by the Shaafi’i School of jurisprudence as they said: “If he [the husband] prevents her [his wife] of maintenance to make her ask for Khul’, then this Khul’ is void because in this case she is compelled to ask for Khul’ and in this case a revocable divorce takes place instead.” Based on this statement, divorce had taken place. However, in a revocable divorce, the woman in her waiting period is still considered as a wife and the husband may take her back if he so wishes without a new marriage contract. But if her waiting period expires, then he cannot take her back except with a new marriage contract.
Nonetheless, it is permissible for this woman to endeavor to reconcile between her and her husband. However, if her husband does not wish to take her back and he is not pleased to have marital relationships with her, then she should stop thinking about going back to him and Allaah may facilitate for her a husband who is better than him; Allaah Says (what means): {But if they separate [by divorce], Allaah will enrich each [of them] from His abundance. And ever is Allaah Encompassing and Wise.}[Quran 4:130]
Allaah Knows best.
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