Advising a woman to apostatize in order to separate from her husband

Question

Question: A certain Hinda is the wife of Khalid. Hinda and her parents fell out with Khalid. Hinda and her father demanded a talaq from Khalid, but Khalid did not give a talaq. Hinda’s father, by some scheme, found Khalid alone at a certain place and forced him to put his thumbprint on a written divorce deed — since Khalid was alone, while four other persons were with Hinda’s father. But in that scuffle Khalid’s thumbprint was not made completely, and Khalid broke free and ran away.

Answer

In the case asked about, the relied-upon (mufta bihi) position is that the nikah has not been annulled, and the decision of the hakim (judge), since it is contrary to the madhhab, is not valid. Rather, the woman will be compelled to accept Islam and to live with her first husband; her nikah with another person is not valid.

Source: Fatawa Mahmudiyya

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