Divorce and threat to kill.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
what is the stand of a woman who said that the husband must divorce her or else she will kill him. what is the stand of the divorce if pronounced under this condition.
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Divorce and threat to kill
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
Both the husband and the wife have the right to initiate a divorce proceedings in Shariah, and if for any genuine reason the wife requests her husband to free her from the marriage through divorce and the husband does not grant her her request, she is well within her rights to approach a Shariah Court who will obtain a divorce for her.
As much as it would be absolute oppression and injustice on the part of the wife to do such a thing, if the situation of a marriage has reached such a stage that the wife puts a gun on the head of the husband or threatens to kill him if he does not grant her a divorce, it would be best for the husband to free such a wife who desperately seeks separation from him in their marriage.
But if perchance there is indeed such a case, and the wife actually puts a gun on the head of the husband or threatens to kill him until he declares a divorce upon her….and in such a state the husband who had no choice but to declare a divorce only to save his life, such a pronouncement of divorce under absolute distress or coercion is known as ‘talaq ul-mukrah’ in Islamic Fiqh and Jurisprudence…..and a ‘talaq ul-mukrah’ or divorce declared under coercion to save one’s life is absolutely null and void in the Sight of Shariah Law.
Both the husband and the wife should fear Allah their Lord and either live together in peace, love, tranquility and harmony under the guidance of Allah Subhanah…..or if they are not able to live within the limits and boundaries prescribed by Allah Subhanah in their marriage, they have the option to seek their freedom from the marriage through the available and lawful institution of divorce.
Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,