The practice of the Egyptian courts has been not to recognize the divorce by a person under duress or intoxication.Ĥ. The Hanafis say: Divorce by a person under duress is valid. My ummah have been exculpated of genuine mistakes, forgetfulness, and that which they are coerced to do. Free volition: All the schools except the Hanafi concur that divorce by a person under duress does not take place in view of the tradition: But if he loses his senses completely, the rule which applies to an insane person will apply to him.ģ. But if he drinks something permissible and is stupefied, or is coerced to drink, the divorce does not materialize.ĭivorce by a person in a fit of anger is valid if the intention to divorce exists. The other four schools 1 remark: The divorce is valid if the divorcer has voluntarily consumed an unlawful intoxicant. The Imamiyah observe: Such a divorce is not valid under any circumstance. The schools differ regarding the state of intoxication. Divorce by an unconscious person and one in a state of delirium due to high fever is also not valid. Sanity: Divorce by an insane person is not valid, irrespective of the insanity being permanent or recurring, when the divorce is pronounced during the state of insanity. Adulthood: Divorce by a child is not valid, even if of a discerning age ( mumayyiz), according to all the schools except the Hanbali, which observes: Divorce by a discerning child is valid even if his age is below ten years.Ģ. A divorcer should possess the following characteristics:ġ.
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