Source: Fatāwā Muḥammadiyyah, Volume 1, Page 832
The questioner, Sādiya Raziuddin, inquired about the Sharʿī ruling on forced triple divorce (Ṭalāq under coercion) as well as the issue of personal taqlīd of an Imam.
After discussing the ruling on taqlīd, the following is the detailed Sharʿī response concerning forced divorce.
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Ammā baʿd:
Before addressing the ruling, it is important to first understand the conditions of coercion (ikrāh), so it becomes clear who is deemed "mukrah" (a person forced against their will) in Islamic law.
Ḥāfiẓ Ibn Ḥajar al-ʿAsqalānī رحمه الله defines ikrāh as:
"الإلزام الغير بما لا يريده"
“Compelling someone to do something they do not willingly choose.”
He outlines four essential conditions for valid coercion:
① The one issuing the threat must be capable of carrying it out, and the one being threatened must be powerless to resist, even by fleeing.
② A strong presumption must exist that the threat will be carried out if the command is not obeyed.
③ The threat must be immediate. A delayed threat (e.g., “I’ll harm you tomorrow”) is not valid coercion unless the time is near or it is known that the person never breaks their threats.
④ No voluntary indication should come from the person being coerced that shows willingness or choice.
(Fatḥ al-Bārī, Book of Ikrāh, Vol. 12, p. 385; Ibn Mājah, Bāb Ṭalāq al-Mukrah wa al-Nāsī, p. 147; authenticated by al-Nawawī)
A person who fulfills all four conditions is considered mukrah (coerced) in Sharīʿah. Otherwise, he is not.
There is a difference of opinion among jurists regarding the validity of a divorce issued under coercion:
Majority of scholars (Salaf and Khalaf):
A divorce issued under threat of death or serious harm (e.g., at gunpoint) is NOT valid.
Ḥanafī School:
They maintain that divorce under coercion is valid.
A coerced person lacks both intention (irādah) and free will (ikhtiyār).
Since Sharʿī responsibility (taklīf) is based on both, if neither is present, Sharʿī rulings do not apply.
Such a person is not legally accountable for their actions, because they are without control.
﴿إِلَّا مَنْ أُكْرِهَ وَقَلْبُهُ مُطْمَئِنٌّ بِالْإِيمَانِ﴾
Surah al-Naḥl (16:106)
Translation:
"Except for the one who is forced while his heart is content with faith."
Tafsīr al-Jalālayn explains:
“The one compelled to utter disbelief, who does so only verbally while his heart remains firm upon faith — he is not deemed a disbeliever.”
Just as this verbal kufr under compulsion is not considered actual kufr, similarly, a divorce uttered under coercion is not legally binding.
Narrated by Ibn ʿAbbās رضي الله عنه:
"إِنَّ اللهَ وَضَعَ عَنْ أُمَّتِي الْخَطَأَ وَالنِّسْيَانَ وَمَا اسْتُكْرِهُوا عَلَيْهِ"
“Indeed, Allah has removed accountability from my Ummah for mistakes, forgetfulness, and what they are coerced into.”
This clearly shows that actions performed under duress are not valid and bear no legal consequence.
Shaykh Muḥammad Sābiq al-Miṣrī رحمه الله states:
"This is the opinion of Imām Mālik, Imām al-Shāfiʿī, Imām Aḥmad, and Imām Dāwūd. It is also the position of ʿUmar ibn al-Khaṭṭāb, his son ʿAbdullāh ibn ʿUmar, ʿAlī ibn Abī Ṭālib, and Ibn ʿAbbās رضي الله عنهم."
(Fiqh al-Sunnah, Vol. 2, p. 212)
Although Ḥanafī jurists rule that divorce under coercion is valid, they lack strong evidence for this view.
Shaykh Muḥammad Sābiq critiques this as follows:
"Abū Ḥanīfah and his companions said that the divorce of the coerced person is valid, but they have no evidence for this view. Moreover, they oppose the consensus of the majority of the Companions."
(Fiqh al-Sunnah, Vol. 2, p. 312)
Based on:
❖ The Qur’anic verse,
❖ The Hadith of the Prophet ﷺ, and
❖ The verdicts of the majority of early and later scholars:
A divorce issued under coercion (Ṭalāq al-Mukrah) does not take effect in Sharīʿah.
This is the correct and sound opinion.
هٰذا ما عندي، والله أعلم بالصواب
❖ Question:
The questioner, Sādiya Raziuddin, inquired about the Sharʿī ruling on forced triple divorce (Ṭalāq under coercion) as well as the issue of personal taqlīd of an Imam.
After discussing the ruling on taqlīd, the following is the detailed Sharʿī response concerning forced divorce.
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Ammā baʿd:
Before addressing the ruling, it is important to first understand the conditions of coercion (ikrāh), so it becomes clear who is deemed "mukrah" (a person forced against their will) in Islamic law.
❖ Definition and Conditions of Coercion (Ikrāh)
Ḥāfiẓ Ibn Ḥajar al-ʿAsqalānī رحمه الله defines ikrāh as:
"الإلزام الغير بما لا يريده"
“Compelling someone to do something they do not willingly choose.”
He outlines four essential conditions for valid coercion:
① The one issuing the threat must be capable of carrying it out, and the one being threatened must be powerless to resist, even by fleeing.
② A strong presumption must exist that the threat will be carried out if the command is not obeyed.
③ The threat must be immediate. A delayed threat (e.g., “I’ll harm you tomorrow”) is not valid coercion unless the time is near or it is known that the person never breaks their threats.
④ No voluntary indication should come from the person being coerced that shows willingness or choice.
(Fatḥ al-Bārī, Book of Ikrāh, Vol. 12, p. 385; Ibn Mājah, Bāb Ṭalāq al-Mukrah wa al-Nāsī, p. 147; authenticated by al-Nawawī)
A person who fulfills all four conditions is considered mukrah (coerced) in Sharīʿah. Otherwise, he is not.
❖ Scholarly Disagreement on Ṭalāq al-Mukrah
There is a difference of opinion among jurists regarding the validity of a divorce issued under coercion:
Majority of scholars (Salaf and Khalaf):
A divorce issued under threat of death or serious harm (e.g., at gunpoint) is NOT valid.
Ḥanafī School:
They maintain that divorce under coercion is valid.
❖ Evidences of the Majority View
A coerced person lacks both intention (irādah) and free will (ikhtiyār).
Since Sharʿī responsibility (taklīf) is based on both, if neither is present, Sharʿī rulings do not apply.
Such a person is not legally accountable for their actions, because they are without control.
❖ Evidence from the Qur’an:
﴿إِلَّا مَنْ أُكْرِهَ وَقَلْبُهُ مُطْمَئِنٌّ بِالْإِيمَانِ﴾
Surah al-Naḥl (16:106)
Translation:
"Except for the one who is forced while his heart is content with faith."
Tafsīr al-Jalālayn explains:
“The one compelled to utter disbelief, who does so only verbally while his heart remains firm upon faith — he is not deemed a disbeliever.”
Just as this verbal kufr under compulsion is not considered actual kufr, similarly, a divorce uttered under coercion is not legally binding.
❖ Evidence from the Hadith:
Narrated by Ibn ʿAbbās رضي الله عنه:
"إِنَّ اللهَ وَضَعَ عَنْ أُمَّتِي الْخَطَأَ وَالنِّسْيَانَ وَمَا اسْتُكْرِهُوا عَلَيْهِ"
“Indeed, Allah has removed accountability from my Ummah for mistakes, forgetfulness, and what they are coerced into.”
This clearly shows that actions performed under duress are not valid and bear no legal consequence.
❖ Statements of the Scholars
Shaykh Muḥammad Sābiq al-Miṣrī رحمه الله states:
"This is the opinion of Imām Mālik, Imām al-Shāfiʿī, Imām Aḥmad, and Imām Dāwūd. It is also the position of ʿUmar ibn al-Khaṭṭāb, his son ʿAbdullāh ibn ʿUmar, ʿAlī ibn Abī Ṭālib, and Ibn ʿAbbās رضي الله عنهم."
(Fiqh al-Sunnah, Vol. 2, p. 212)
❖ Ḥanafī Position and Its Critique
Although Ḥanafī jurists rule that divorce under coercion is valid, they lack strong evidence for this view.
Shaykh Muḥammad Sābiq critiques this as follows:
"Abū Ḥanīfah and his companions said that the divorce of the coerced person is valid, but they have no evidence for this view. Moreover, they oppose the consensus of the majority of the Companions."
(Fiqh al-Sunnah, Vol. 2, p. 312)
Summary of the Ruling:
Based on:
❖ The Qur’anic verse,
❖ The Hadith of the Prophet ﷺ, and
❖ The verdicts of the majority of early and later scholars:
A divorce issued under coercion (Ṭalāq al-Mukrah) does not take effect in Sharīʿah.This is the correct and sound opinion.
هٰذا ما عندي، والله أعلم بالصواب
