Is the divorce pronounced under duress or compulsion valid?

General Chapter

Al-Mughni

Book of Divorce

Book 39 · Issue 2 · Bab 1

Open in Qurani

Primary text

The divorce pronounced under duress (Ikrah) is not valid. This view is reported from Umar, Ali, Ibn Umar, Ibn Abbas, Ibn Al-Zubayr, and Jabir ibn Samurah. It is also the opinion held by Abdullah ibn Ubayd ibn Umayr, Ikrimah, Al-Hasan, Jabir ibn Zayd, Shurayh, Ata', Tawus, Umar ibn Abd al-Aziz, Ibn Awn, Ayyub al-Sakhtiyani, Malik, Al-Awza'i, Al-Shafi'i, Ishaq, Abu Thawr, and Abu Ubayd. The primary evidence is the Prophetic saying: 'Indeed, Allah has removed from my Ummah the responsibility for error, forgetfulness, and what they are compelled to do.' This hadith is narrated by Ibn Majah. Another evidence is the saying of the Prophet (peace be upon him): 'There is no divorce in ighlaq,' narrated by Abu Dawud and Al-Athram. Scholars such as Abu Ubayd and Al-Qutaybi explain that 'ighlaq' means compulsion, as when a person is compelled, their judgment is closed off (inghalaqa 'alayhi ra'yuhu). This ruling extends to one who is gravely ill (mubarsam) or insane.

Supporting text

The divorce pronounced under duress is considered valid by Abu Qalabah, Al-Sha'bi, Al-Nakha'i, Al-Zuhri, Al-Thawri, Abu Hanifa, and his companions, because it is the declaration of a legally responsible person regarding a right he possesses, hence it takes effect, just like the divorce of one not under duress.