Sunday, November 19, 2017 - 30 Safar 1439

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If a divorce occurred during the wife's menstrual period when she was going through a difficult time psychologically, is it valid?

If a divorce occurred during the wife's menstrual period when she was going through a difficult time psychologically, is it valid?

Answer

It is stipulated in Islamic jurisprudence that a divorce verbalized using plain words is effected once the divorce statement is uttered by the husband, whether the wife is in her menses or in a state of purity, for it severs the bond of marriage and waives conjugal rights. Divorce is therefore not restricted to any particular time.

Since the Quranic verses mentioning divorce are general and there are no textual evidences to restrict them, it is obligatory to maintain that divorce in such a case has been effected.

The husband who divorces his wife during her menstrual period is sinful although divorce is effected. This is attested to by the hadith in which the Prophet (peace and blessings be upon him) censured Ibn Umar for divorcing his wife during her menstrual period. Ibn Umar asked the Prophet (peace and blessings be upon him): "O Messenger of God! What would your opinion be if I give my wife a threefold divorce [during her menstrual period]?" The Prophet (peace and blessings be upon him) replied, "You would disobey your Lord and she will become irrevocably divorced from you."

The ruling

Based on this, a divorce verbalized by the words "You are divorced" during a wife's menstrual period is effective. In conjunction with the two previous divorces, it amounts to a threefold divorce and therefore the wife becomes irrevocably separated from her husband. It is unlawful for the husband to remarry his wife if their marriage has been consummated except after she marries another man with a valid marriage contract that fulfills all its integrals and conditions, the marriage is consummated and she separates from her new husband either through divorce or by his death and her waiting period expires. It is only then that her previous husband can take her back with a new marriage contract and dowry after obtaining her consent.

The above answers what was mentioned in the question and God the Almighty knows best.

 

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