The Ruling on Divorce and Revocation: Forced Divorce in Sharīʿah
Source: Fatāwā Rāshidiyyah, p. 456
❀ Question
The scholars of Islam were asked:
Isḥāq Aḥmad divorced his wife, but then immediately revoked the divorce. Later, he was forced to write another divorce, even though his wife was pregnant at that time. What is the Sharʿi ruling regarding this situation?
❀ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
It must be clarified that:
◄ If a husband divorces his wife and then regrets it, and immediately revokes the divorce, and this revocation is established in the presence of witnesses, then it will be regarded as ṭalāq rajʿī (revocable divorce).
◄ The husband has the right to revoke during the ʿiddah period.
◄ The later divorce that was taken by force is not valid in Sharīʿah.
Similar cases have occurred before: a man once gave three divorces at once, but when he wished to revoke, the Messenger of Allah ﷺ granted him permission to revoke.
Hence, a forced divorce is invalid and will not take effect.
❀ Important Note
◈ If the coercion involves a real threat to life, such a divorce will not take place.
◈ But if the coercion is only mental pressure or general social pressure, then this does not fall under ṭalāq al-mukrah (forced divorce).
ھذا ما عندی واللہ اعلم بالصواب
