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Written Talaaq Given Under Duress

Question

My query is in regards to talaq 

Me and my husband split up in November due to a little argument we had , in December my husband sent me a first talaq, In January I received my second talaq and then in April his sister told my family they have sent the third talaq. 

The talaq was not given verbally it was signed by my husband on a piece of paper

I spoke to my husband who now confirms he was not in his senses when talaq was initiated he explained His intention was also not to give talaq he was forced by his family,

If he doesn’t talaq me with the talaqs his mum said he will not be able to keep ties with his family no longer and cannot stay at home.

He suggests out of fear of being homeless and having no where to go he signed. He signed whilst drunk and not in his senses for all three.

His doctors have also confirmed he is going through mental health issues split personality and ADHD. He believes he is under the influence of sihr with the symptoms described . Whenever he listens to quran his body shakes.

I would like to know if the talaq is valid 

Please if we can get a decision as soon as possible so we know where we stand as his family always wanted us separate and divorced so we do not live a happy life together. They can influence him very easily, he also said his mum used words like she will die if he comes back to me as a way to emotionally manipulate him 

Answer

In the queried scenario, you have stated that your husband sent you a first Talaaq in December and then a subsequent Talaaq in January followed by a third Talaaq in April. You also state in your query, “The Talaaq was not given verbally, it was signed by my husband on a piece of paper.” You also state in your query, “I spoke to my husband who now confirms he was not in his senses when Talaaq was initiated, he explained his intention was also not to give Talaaq, he was forced by his family.”

      

The Fuqahaa (Jurists) have made a difference between a verbal and written Talaaq that is given under duress. A verbal divorce issued under duress is valid and effective as understood from the following text:

ويقع طلاق كل زوج اذا كان بالغا عاقلا سواء كان حرا او عبد طائعا او مكرها  (الجوهرة النيرة)

 As far as a written Talaaq is concerned, if it was written under duress, it will not be valid. which was not your situation, as you stated that the Talaaq issued under duress was written, hence considered as invalid.  

 However, for your information we wish to apprise you that divorce issued in a state of intoxication is valid and effective.

ويقع طلاق كل زوج عاقل بالغ ولو مكرها او كان الزوج سكران زائل العقل فان طلاقه واقع (مجمع الانهر ص384 ج1)

 Notwithstanding the above, since the divorces issued (all three as understood from your query) were written under duress and sent to you, then such divorces will not be effective. You are therefore still considered as his wife.

اکر شوہر کو طلاق دینے پر مجبور کیا جائے اور وہ جبرا  طلاق دیدے تب بھی طلاق ہوجاتی ہے ، البتہ اگر طلاق جبرا لکھوا لیجائے اور زبان سے شوہر طلاق نہ دے تو طلاق نہیں ہوگی   –فتاوی محمودیہ  ص۱۷۴ ج۱۸ 

If we have misunderstood the scenario in any way, then you should revert to us with the correct explanation so that a proper reply may be furnished. 

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

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