Source: Fatāwā Muḥammadiyyah, Volume 1, Page 828
Respected scholars are requested to issue a verdict regarding the following matter:
Jalaluddin, son of a Gujjar from Jor Pul, Lahore district, was living a peaceful married life with his wife Mumtaz Bibi, and they had three children. However, recently, two individuals forcibly captured Jalaluddin, held a pistol to his head, and ordered him to divorce his wife. It is noteworthy that one of these two men intends to marry Mumtaz Bibi himself.
Under this threat, Jalaluddin was compelled and said:
"From today onward, you are like my mother and sister."
The question is: In such a circumstance, is any expiation (kaffārah) required or not? Kindly provide a ruling in light of the Qur’an and Hadith.
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Ammā baʿd:
According to the situation described:
◈ Neither divorce (ṭalāq) nor ẓihār has taken place.
◈ Because Jalaluddin was under duress (ikrāh) — forced at gunpoint to utter the words.
Hence, any action taken by a coerced person (mukrah) is not considered valid in Islamic law.
For an action to be legally valid in Shariah, it must be based on both intention (niyyah) and free will (ikhtiyār). If either of these is absent, no legal responsibility arises.
"والمكرَه لا إرادة له ولا اختیار ولا إرادۃ والا ختیار ھی أساس التکلیف، فإذا انتفیا انتفی التکلیف، واعتُبِرَ المكرَه غير مسؤول عن تصرفاته، لأنه مسلوب الإرادة."
(Fiqh al-Sunnah, Vol. 2, p. 212)
Translation:
A coerced person has neither intention nor choice, and both are the basis of legal obligation. When these two are absent, the obligation is lifted. Hence, the coerced individual is not held responsible for his actions, for his will has been taken away.
Allah ﷻ says:
﴿إِلَّا مَنْ أُكْرِهَ وَقَلْبُهُ مُطْمَئِنٌّ بِالْإِيمَانِ﴾
Surah al-Naḥl (16:106)
Translation:
"Except for one who is forced while his heart is content with faith."
This verse confirms that coercion nullifies outward statements if the heart remains firm in īmān.
The Messenger of Allah ﷺ said:
"رُفِعَ عن أمتي الخطأ والنسيان وما استُكرِهوا عليه."
Narrated by Ibn Mājah, Ibn Ḥibbān, al-Dāraquṭnī, al-Ṭabarānī, and al-Ḥākim; graded ḥasan by al-Nawawī.
Translation:
"My Ummah has been excused for mistakes, forgetfulness, and what they are compelled to do under duress."
◈ This opinion is supported by Imām Mālik, Imām al-Shāfiʿī, Imām Aḥmad ibn Ḥanbal, and Dāwūd al-Ẓāhirī — that the actions of a coerced individual hold no legal weight.
◈ Among the Companions, the same view is reported from:
✔ ʿUmar ibn al-Khaṭṭāb رضي الله عنه
✔ ʿAbdullāh ibn ʿUmar رضي الله عنهما
✔ ʿAlī ibn Abī Ṭālib رضي الله عنه
✔ Ibn ʿAbbās رضي الله عنهما
(Fiqh al-Sunnah, Vol. 2, p. 212)
Based on the above evidences from the Qur’an, Sunnah, and scholarly consensus:
① Jalaluddin uttered the divorce statement under duress (ikrāh).
② Therefore, no divorce has taken place.
③ Ẓihār (declaring someone unlawful like a mother) has also not occurred.
④ The marriage remains valid, and Jalaluddin and Mumtaz Bibi are still husband and wife.
⑤ No expiation (kaffārah) is required.
هٰذا ما عندي، والله أعلم بالصواب
❖ Question:
Respected scholars are requested to issue a verdict regarding the following matter:
Jalaluddin, son of a Gujjar from Jor Pul, Lahore district, was living a peaceful married life with his wife Mumtaz Bibi, and they had three children. However, recently, two individuals forcibly captured Jalaluddin, held a pistol to his head, and ordered him to divorce his wife. It is noteworthy that one of these two men intends to marry Mumtaz Bibi himself.
Under this threat, Jalaluddin was compelled and said:
"From today onward, you are like my mother and sister."
The question is: In such a circumstance, is any expiation (kaffārah) required or not? Kindly provide a ruling in light of the Qur’an and Hadith.
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Ammā baʿd:
According to the situation described:
◈ Neither divorce (ṭalāq) nor ẓihār has taken place.
◈ Because Jalaluddin was under duress (ikrāh) — forced at gunpoint to utter the words.
Hence, any action taken by a coerced person (mukrah) is not considered valid in Islamic law.
❖ Shariah Principle:
For an action to be legally valid in Shariah, it must be based on both intention (niyyah) and free will (ikhtiyār). If either of these is absent, no legal responsibility arises.
"والمكرَه لا إرادة له ولا اختیار ولا إرادۃ والا ختیار ھی أساس التکلیف، فإذا انتفیا انتفی التکلیف، واعتُبِرَ المكرَه غير مسؤول عن تصرفاته، لأنه مسلوب الإرادة."
(Fiqh al-Sunnah, Vol. 2, p. 212)
Translation:
A coerced person has neither intention nor choice, and both are the basis of legal obligation. When these two are absent, the obligation is lifted. Hence, the coerced individual is not held responsible for his actions, for his will has been taken away.
❖ Evidence from the Qur’an:
Allah ﷻ says:
﴿إِلَّا مَنْ أُكْرِهَ وَقَلْبُهُ مُطْمَئِنٌّ بِالْإِيمَانِ﴾
Surah al-Naḥl (16:106)
Translation:
"Except for one who is forced while his heart is content with faith."
This verse confirms that coercion nullifies outward statements if the heart remains firm in īmān.
❖ Evidence from the Hadith:
The Messenger of Allah ﷺ said:
"رُفِعَ عن أمتي الخطأ والنسيان وما استُكرِهوا عليه."
Narrated by Ibn Mājah, Ibn Ḥibbān, al-Dāraquṭnī, al-Ṭabarānī, and al-Ḥākim; graded ḥasan by al-Nawawī.
Translation:
"My Ummah has been excused for mistakes, forgetfulness, and what they are compelled to do under duress."
❖ Consensus of Scholars:
◈ This opinion is supported by Imām Mālik, Imām al-Shāfiʿī, Imām Aḥmad ibn Ḥanbal, and Dāwūd al-Ẓāhirī — that the actions of a coerced individual hold no legal weight.
◈ Among the Companions, the same view is reported from:
✔ ʿUmar ibn al-Khaṭṭāb رضي الله عنه
✔ ʿAbdullāh ibn ʿUmar رضي الله عنهما
✔ ʿAlī ibn Abī Ṭālib رضي الله عنه
✔ Ibn ʿAbbās رضي الله عنهما
(Fiqh al-Sunnah, Vol. 2, p. 212)
❖ Summary of the Ruling:
Based on the above evidences from the Qur’an, Sunnah, and scholarly consensus:
① Jalaluddin uttered the divorce statement under duress (ikrāh).
② Therefore, no divorce has taken place.
③ Ẓihār (declaring someone unlawful like a mother) has also not occurred.
④ The marriage remains valid, and Jalaluddin and Mumtaz Bibi are still husband and wife.
⑤ No expiation (kaffārah) is required.
هٰذا ما عندي، والله أعلم بالصواب
