العروة الوثقى الزيدية - موقع إسلامي يهدف لتعريف الزائر بفكر وتراث المسلمين الزيدية

The Question

Question: If the spouses appoint an arbiter—or two—and after reviewing and ascertaining what lies between the spouses, the arbiters know that there is no solution to their discord except divorce; they compel the husband to divorce; he refuses; they threaten and warn him; then he divorces—will the husband’s later claim of coercion be heard, so that the divorce not bind him?

The Answer

Answer—and with Allah is success: What appears to me—and Allah knows best—is that his later claim of coercion is not to be heard in order to escape the binding effect of the divorce. By appointing the arbiters and accepting their judgment, he bound himself to what they ruled—whether pleased or displeased. So it is in every judgment upon a person: he is bound to execute it. If he refuses to execute it, and the judge—or guarantors/sureties—threaten him, and he then acts, his act is executed; his later claim that he was coerced is not heard, for he was threatened to perform what he had obligated himself to execute and had accepted.
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1