Do the Residents of a Neighbourhood Have the Right to Punish for Talaq?

Question

Question: If a man does not like his wife, and he does not want to keep her at all and is ready to pronounce talaq, but the elders of the household and the people of the neighbourhood pressure him: “Do not pronounce talaq; if you pronounce talaq, then in that case you will be severely punished” — then is it permissible for the people of the neighbourhood to punish the one who pronounced talaq? Also, in this situation of compulsion, should the husband pronounce talaq or refrain?

Answer

If one cannot live in harmony with the wife, rights are being lost, and there is no room left in the hearts for living together, then talaq should be pronounced; and in such a case the people of the neighbourhood have no right to cause him trouble or punish him. This ruling is established from the Noble Qur’an and from fiqh.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.