"The rationale for throwing the wife out even in these circumstances is telling. It is set out in the Hidayah: The divorce of one acting upon compulsion, from threats, is effective, according to our doctors—Shafi’i maintains that it is not effective, because a person who is compelled has no option, and no formal act of law is worthy of regard unless it be purely optional: contrary to the case of a jester, who, in mentioning divorce, acts from option, which is the cause of its validity. Our doctors, on the other hand, allege that the person here mentioned pronounces divorce under circumstances of complete competency, (maturity of age and sanity of intellect), the result of which is that the divorce takes effect equally with that of a person uncompelled, for with him necessity (namely, the necessity of separation from a wife who may be odious or disagreeable to him) is the reason of its efficiency; and the same reason applies to the divorce of a compelled person, as he is also under necessity of divorce, in order that he may be released from the apprehension of that with which he was threatened by the compeller. The foundation of this is that the man alluded to has the choice of two evils; one, the thing with which he is threatened or compelled; and the other, divorce upon compulsion; and viewing both, he makes choice of that which appears to him the easiest, namely, divorce; and this proves that he has an option, though he be not desirous that its effect should be established, or, in other words, that divorce should take place upon it; nor does this circumstance forbid the efficiency of his sentence; as in the case of a jester; that is to say, if a man pronounce a divorce in jest, it takes effect although he be not desirous that it should; and so likewise the divorce of one who is compelled."
Divorce in Islam

January 1, 1970