Is The Divorce Made Under Duress And Threat (Iqrah) Valid?
Is the divorce made under duress and threat (iqrah) valid?
Divorcing someone under constraint and threat ( iqrah) is deemed acceptable according to Hanafi madhhab (Sarakhsi, al-Mabsut, XXIV, 40) while other madhhabs consider such divorce as void (Ibn Qudamah, al-Mughni, X, 350, Mawardi, al-Hawi, X, 231). The Ottoman Family Law also adopted the opinion that divorce of a person who is under pressure and threat is not valid (Ottoman Family Law, art. 57, 105). Today, the fatwa on this matter is also given by taking the Ottoman Family Law as reference.
Source: Presidency Of Religious Affairs The Turkey, High Board of Religious Affairs FATWA
