A case of divorce under coercive compulsion
2-1-2015 | IslamWeb
Question:
Assalm o Alycum I am from Karachi Pakistan My husband has given me divorce two days ago now he want me to take back, I m writing whole situation in detail please guide me. We have got married 5 months ago in presence of my family (only) n in presence of husband's friends. It was a love marriage he was already engage with some else girl and marry me as well with intention to keep two wives and I were agreed on that.I was living separately. His fiancée family n parents were not aware of our marriage. Last week it is came to in their knowledge and they asked my husband to divorce me immediately. After just two days resistance my husband has signed paper that was being prepared by his father. My complete detail was not mentioned on paper but just incomplete name no address CNic no were there.as per my husband he read paper but not the word divorce that was written thrice on paper and just sign due to force from parents without willingness. That happened on 28th Nov later on they forced him to speak out divorce to me in front of witnesses. He did so after 2 days of signing paper and speak out three time divorce in presence of 7-8 witnesses and handed over to me earlier signed paper. He made rujo within 24 hours of speaking out divorce. please guide us and tell us how many divorce it will count and how can we meet each other again. Please also write the name of fiqa u will provide guidance according to. Jazakallah
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, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
The husband merely signing the divorce paper does not make the divorce effective; please refer to Fatwa 87034.
As regards his pronouncing the divorce after that, if he was forced under coercive compulsion to pronounce the words of divorce and he did not willingly choose to do so, then his divorce is not effective whether it is one divorce or three divorces as long as he was forced and he did not intend to issue divorce.
The coercive compulsion that is considered in the Islamic religious law is when one is threatened to be killed or severely harmed by someone who is able to implement this threat, with the belief that the person would in all likelihood execute the threat if he did not divorce. Please refer to Fataawa 117588 and 118112.
However, if he pronounced the divorce under their (fiancée’s family and parents’) insistence without considerable compulsion, then his divorce is effective even if he did it with discontent. In this case, the divorce takes place three times if he intended three divorces, and it takes place as one divorce only if he intended one divorce but repeated it for confirmation. For more benefit, kindly refer to Fatwa 94110.
In any case, if his divorce was less than three divorces, then he may take you back before the expiration of your ‘Iddah (waiting period), but if three divorces have taken place, then he cannot take you back unless you marry another husband in a serious marriage and he consummates the marriage with you and then divorces you or dies. Then, when your waiting period expires, you can remarry your first husband. Please refer to Fatwa 82541.
Allaah Knows best.