Fatwa: # 17403
Category: Divorce
Country: Bangladesh
Date: 7th January 2009

Title

I want to know that is our marriage relationship is still valid or not?

Question

 

The following things were happening in my life within a few days:

 

1. One of my family member say me, that she(my wife) say something like: she kill me, attack me etc; then I was reached in extreme anger and said: if she(my wife) told like this then she is divorced, divorced, divorced. But she did not told like this types of word at all.

 

2. One of my family member insist/threat me to give court divorce otherwise she(my family member) will take suicide, then they(my family members) take my signature in a paper where divorce statement was written but I have no intention to give divorce just do it to stop them(my family members) from any unwanted situation.

 

3. All of my family members force, threat and bit me to say divorce words again otherwise they will lose my job and etc, and I then I was bound to say the three divorce. But I have no intention to divorce; just say it to protect myself and my job at that time.

 

Now I want to know that is our marriage relationship is still valid or not? My wife is still with me. Please describe it according to Quran and Sunnah whether it is positive or negative.

Answer

Divorce given in anger and/or coercion is valid and binding. Your wife is divorced from you and will have to commence her Iddat. Considering the fact the all three Talaqs were given, you will not be able to marry her unless she happens to get divorced from another husband in a marriage that was consummated.

 

وإن أكره على طلاق أو عتاق ففعل وقع (الاختيار لتعليل المختار ج 2 ص 114 , العلمية)

 

And Allah Ta'ala Knows Best

Ml. Yusuf bin Yaqub,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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