Does divorce occur if a coerced man intends to divorce his wife but does not offer an alternative interpretation (*ta'wil*)?

General Chapter

Al-Mughni

Book of Divorce

Book 39 · Issue 6 · Bab 1

Open in Qurani

Primary text

If a man does not offer an alternative interpretation but intends the divorce upon the specific wife mentioned, the divorce does not take effect because he is considered excused due to coercion.

Supporting text

The Shafi'i scholars suggest that the divorce takes effect because no coercion applies to the internal intention (*niyyah*).