QUESTION:

Bakr was physically beaten by his in-laws and forced to give his wife a written divorce, is this divorce valid?

ANSWER:

Bakr was physically beaten and forced to give his wife a written divorce as is apparent in the question therefore this divorce is not valid.

Fatawa Hindiyyah vol. 1 page 415 says:

رجل اکره بالضرب والحبس علي أن يکتب طلاق امرأته فلانة بنت فلان بن فلان فکتب امرأته فلانة بنت فلان بن فلان طالق لا تطلق امرأته کذا في فتاوي قاضي خان

Trans: “If a man was physically forced and imprisoned to divorce his wife in writing then the divorce will not occur, as is said in Fatawa Qadi Khan”.

Allah تعالى is most knowing.
Answered by Mufti Shams ul Huda Misbahi
Translated by Mawlana Muhammad Rashid Madani

 

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