Rulings and Issues of Forced Divorce: A Jurisprudential Review

جبری طلاق کے احکام ومسائل : ایک فقہی جائزہ

Abstract

Allāh Ta’ālā has made a complete arrangement for the protection of man’s religion and his life, property, intellect and reputation through his decrees, which the jurists have described as the five basic purposes of the Shari‘ah. It is also due to kindness of that he has declared the man’s will to be necessary for health, dispositions and accountability. Islam differentiates between pressure and authority. It is a source of mercy, love and kindness for human beings. Reluctance (compulsion to do something) is one of the acquired disorders. It is not one of the voluntary actions of a person, but it is the action of another. The basic principle is that there is convenience and relaxation in the Shari‘ah rulings in the state of coercion or emergency. This is the reason why the jurists have distinguished between the levels and orders of the Shari‘ah rulings in the presence of coercion. The article under review is also an important issue of "divorce" in which an analytical study of the explanations and arguments of the jurists in this regard has been presented. According to the Aḥnāf, divorce of Mukrah (pressurised person) is valid and it will have affects, while it does not happen according to other jurists. The research concludes that the Aḥādith and Āthār presented by the both parties, although they are not clear in indicating the desired meaning. In this situation, it seems impossible to order the occurrence even on the divorce given by him.