Does threatening harm to one's child constitute legal compulsion?

General Chapter

Al-Mughni

Book of Divorce

Book 39 · Issue 6 · Bab 1

Open in Qurani

Primary text

The initial view suggests that threatening the torment of one's child is not compulsion because the harm does not directly impact the coerced individual. However, the preferred view is that it is compulsion, as this threat is considered by the coerced person to be greater than the confiscation of his own property, and a threat of such nature establishes compulsion, making the threat to the child equivalent.