Divorce under duress

Q: If a man is being forced by gun to give 3 talaqs, I have understood from your fatwas that the talaqs will take place even though he was forced. But may the man instead act on the Shafie opinion that talaqs do not take place? Since otherwise his life will be destroyed - his wife will be haram on him, his children will grow up with divorced parents, his wife will have difficulty supporting herself etc. I know that we should generally not act on views of another madhabs, but may the man make an exception is this case (even though he would be Hanafi) since this is such a delicate situation which will affect his whole life?

A: To swop mazhabs is not permissible.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)