Is a Written Divorce Valid if Given out of Fear?

Answered by Mawlana Ilyas Patel

Question

I gave my wife a written divorce out of fear for her life. Our marriage was secret, and she lived at home. Her mother suspected her of zina and informed her father, who rushed back and arranged her marriage.

She feared telling her family and could not resist the new Nikah. The night before, she asked for a divorce on messenger. I hesitated but feared for her safety. Was my divorce valid?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question and for seeking an answer and guidance.

A divorce is considered valid whether it is documented in writing or communicated verbally.

Divorce may be affected by speech or clear, understandable writing, whether signed by the husband or by someone he has given authority to do so on his behalf. [Qadri Pasha, al-Ahkam al-Shar‘iyya fil Ahwal al-Shakhsiyya]

Trust that Allah (Most High) knows what is best for you. Pray istikhara for guidance and ask Allah (Most High) to decree what is best (khayr) for you.

I would like you to go through the valuable answers and links below. You will receive guidance and direction, insha’Allah.

Related

• A Guide to Marriage: SeekersGuidance Reader
• Shaykh Faraz Rabbani – “The Position of Islam on Divorce, Adoption, and Abortion.”
• What are the Wisdoms behind the Rulings on Divorce in Islam?
• Divorce Archives

Why not begin your search for knowledge by signing up for a course on SeekersGuidance? You can choose from the Islamic Studies Curriculum or the Youth Islamic Studies Curriculum and progress through each course step by step.

I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat

Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.