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Under Shia (Ithna Ashari) law, why is a talaq pronounced by a husband under compulsion ineffective?

Question and options

Under Shia (Ithna Ashari) law, why is a talaq pronounced by a husband under compulsion ineffective?

  1. The pronouncement lacks the requisite intention to dissolve the marriage

  2. The husband must first obtain written permission from his relatives

  3. The husband must have already paid the entire dower

  4. The pronouncement must be registered in the place of marriage

Answer and explanation

Correct answer: A - The pronouncement lacks the requisite intention to dissolve the marriage

Shia law requires the husband to pronounce talaq of his own free will and with a real intention to dissolve the marriage, so a pronouncement extracted by compulsion lacks that intention and does not take effect. Hanafi law takes the opposite view and treats a talaq under compulsion as effective. Shia law does not make talaq depend on the relatives’ written permission, on prior payment of the whole dower or on registration.

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