Does a divorce enacted under rightful compulsion (Ikrah bi al-Haqq) take effect?

General Chapter

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 1

Open in Qurani

Primary text

Divorce enacted under compulsion justified by law, such as a judge compelling a husband to divorce after the waiting period has passed without reconciliation, or compelling a man to divorce a woman whose marriage was arranged by guardians when the order of the marriage preceding the divorce is unknown, is valid. This is because it is a statement to which he was compelled by right, thus it is valid, analogous to the declaration of faith by an apostate who was compelled to it. Furthermore, compulsion to divorce is permitted only if the resulting divorce takes effect; otherwise, the intended purpose is not achieved.