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یہ صفحہ اردو میں بھی موجود ہے۔ زبان کی تبدیلی کے لیے نیچے بٹن دبائیں۔
Question:
Assalamu Alaikum wa Rahmatullahi wa Barakatuh, I am writing to you to seek sincere guidance regarding a very serious and sensitive matter related to my marriage. I will try my best to explain the situation clearly and honestly. During a period of severe emotional distress, I threatened my husband and exerted strong pressure on him. A spiritual healer confirmed that we were both affected by the magic of separation; however, I deeply regret this and have repented to Allah for my actions. At that time, I threatened to harm him and created a situation in which he feared for his and his family’s safety. Consequently, he felt compelled to utter the words of divorce to stop the situation and avoid danger. When he uttered the words: he was under severe pressure and fear. He had no intention of divorce in his heart. He only said the words to avoid harm. His mind was affected due to severe stress and possible effects of magic. I was in the state of nifās (postpartum bleeding) after a miscarriage. He has repeatedly stated that he never wanted to end the marriage and had no intention of divorce. After this incident, I studied fiqh and consulted several qualified muftis and one scholar. They told me that this is a complex matter and should be handled with caution. Some of them explained that according to classical sources such as Radd al-Muhtār, al-Hidāyah, Fatḥ al-Qadīr, and Badā’i‘ al-Ṣanā’i‘, a divorce given under severe compulsion (ikrāh) and without intention cannot be valid. They also cited the ḥadīth: ‘My ummah is forgiven for mistakes, forgetfulness, and what they are forced to do’ (Ibn Mājah), and: ‘There is no divorce in severe compulsion (ighlāq)’ (Abū Dāwūd, Aḥmad), as well as the Qur’anic verse: ‘Except for one who is forced while his heart is firm in faith’ (Sūrah al-Naḥl 16:106). Based on this, I was told that when a person speaks under fear of severe harm and their free will is not present, they are not fully responsible and the divorce cannot be effective in fiqh. However, since this matter affects our religion, our marriage, and our future, I do not want to rely on only one opinion. I sincerely wish to know your scholarly opinion. My questions are: If the words of divorce are uttered under severe threat and fear of harm, will this be considered ikrāh (compulsion) in fiqh?
If the husband had no intention of divorcing and only uttered the words of divorce to avoid harm, does such a divorce take effect?
If a person’s understanding is affected due to severe mental stress or magic (siḥr), does this affect the validity of the divorce?
In this case, if the wife is in a state of nifās (postpartum bleeding), does this have any effect on the issue?
Overall, according to the fiqh of Ahl al-Sunnah wa al-Jamā‘ah, would such a divorce be considered effective and valid, or not?
I pray to Allah Almighty to grant you the best reward for your time and knowledge. I know that giving a ruling in such matters is a great responsibility, and I greatly value your thoughtful guidance.
Please pray for us that Allah Almighty shows us the right path and blesses our marriage.
Jazākum Allāhu Khayran for your help.
Wa Assalamu Alaikum wa Rahmatullahi wa Barakatuh
Sincerely,
A concerned sister
Answer:
بِاسْمِ اللہِ سُبْحَانَہٗ وَتَعَالٰی، الَّذِیْ عَلَّمَ الْإِنْسَانَ مَعَالِمَ الدِّیْنِ، وَأَنْعَمَ عَلَیْہِ بِحَقَائِقِ الشَّرِیْعَةِ وَالتَّمْکِیْنِ
In the situation you have described, the husband uttered the words of divorce under severe fear and pressure, while he had no intention of divorce. This matter falls under the fiqh category of ‘ikrāh’ (compulsion). Below are answers to your questions.
Will a divorce uttered under severe threat and fear be considered ikrāh?
In Ḥanafī fiqh, ikrāh is defined as compelling a person to do something out of fear of harm to life, property, or honor. If the husband had a genuine fear for his life or the safety of his family, and he uttered the words of divorce only out of that fear, then this is a form of ikrāh. However, even in the case of ikrāh, if a person utters the words of divorce verbally, the divorce will take effect. And if he does not say it verbally and only signs the divorce paper silently due to fear of loss of life, the divorce will not take effect.
If the husband had no intention of divorce, does the divorce take effect?
In Ḥanafī fiqh, intention is not a condition for divorce; if the words are explicit (ṣarīḥ), the divorce takes effect, even if there was no intention.
Does severe mental stress or magic affecting the mind impact the divorce?
If the husband’s mind was so affected that he did not understand what he was saying, this is a case of ‘ighlāq’ (extreme mental distress). The ḥadīth states: “لَا طَلَاقَ فِي إِغْلَاقٍ” (There is no divorce in ighlāq). The effects of magic can also affect the mind, but this depends on the extent of the magic. If the husband was completely out of control, the divorce will not take effect. The famous fatwa book Aḥsan al-Fatāwā states: ‘If the husband’s mentioned condition during anger is well-known among people and he gives a sworn statement that he was in that state when uttering the words of divorce, then the divorces do not take effect; and if his condition of unconsciousness during anger is not well-known among people, then if two reliable men or one reliable man and two women testify that he was in that state at the time of divorce, the divorce will also not take effect. But if the husband’s condition during anger is not well-known among people and he has no witnesses for it, then the divorce will take effect. (Aḥsan al-Fatāwā:5/162)‘
Does the wife’s state of nifās have an effect?
Divorcing a wife in the state of nifās is against the Sunnah (bid‘ī divorce), but if the divorce is given, it will take effect.
Overall, did this divorce take place?
In light of your description, this divorce falls under the category of ikrāh, but a verbally uttered divorce takes effect even in case of ikrāh. Unless the husband’s mental state was completely altered and he was not in control of his senses, and his condition meets the conditions mentioned above.
References
- The Holy Qur’an: Sūrah al-Naḥl 16:106
- Radd al-Muḥtār: Kitāb al-Ṭalāq, Bāb al-Ṭalāq bi al-Ikrāh
- Al-Hidāyah: Kitāb al-Ṭalāq
وَاللہُ بِالصَّوَابِ أَعْلَمُ، وَعِلْمُہُ أَصْوَبُ وَأَتَمُّ
