Forced Divorce?
The Question
I was forced, under threat of assault, to divorce my wife. My question is: Does that constitute a valid divorce?
The Answer
Several religious proofs highlight the invalidity of a divorce under duress. Islam places importance on autonomy, forbidding coercion to ensure that individuals can live healthy lives and make informed choices. Allah says, “There is no compulsion in the faith.” (Quran 2:256). The Prophet ﷺ noted that anyone forced to do something against his will is forgiven, stating, “My community is pardoned for what they do under duress.” (Ibn Majah). This applies to sin as well as the impact on contracts.
In the context of a divorce under coercion, the Prophet ﷺ said, “There is no divorce under compulsion.” (Abu Dawud and Ibn Majah). From these texts, we understand that coercion is generally prohibited and, in the case of contractual relationships, unless ordered by the state, invalid.
The actions of early pious Muslims support the invalidity of a forced divorce: During Umar’s (رضي الله عنه) era, an utilized a rope to ascend trees for honey collection. One day, high in a tree, his wife pulled down the rope, abandoning him, and gave him an ultimatum: divorce or fall. Fearing for his life, he reluctantly divorced her.
Upon presenting their case to Umar, the caliph ruled in favor of the man, contesting the legitimacy of the divorce. Umar’s reasoning lay in the principle that a divorce coerced through fear holds no validity.*
The principle of qiyas (analogical reasoning) supports the opinion that divorce under compulsion is invalid. If a person coerced under extreme circumstances can falsely claim disbelief while maintaining faith within, without facing consequences, then a divorce, being of lesser gravity, follows the same logic. This particularly applies when a man’s inner conviction contradicts the forced utterance. As a result, most scholars, excluding Imam Abu Hanifa, concur in dismissing a divorce that arises under duress. In his Mukhtasar, Imam Khalil states,
“The talaq (divorce) is invalid if he is coerced.”
In closing, a coerced divorce is not considered valid. Thus, their marriage remains intact.
Allah knows best,
Suhaib Webb
* You probably wonder, “Why stay with a woman who wants to kill you?” I have no answer. I will say that in years of serving people I have wittnessed weirder things. You may also ask, “Could she not get a khula?” The answer is yes, but as the axiom sates, “Ajudicated decisions must go through an adjudicated process.” Umar was not a sloppy judge.