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Hausa
Divorce during a wife's menstrual period
Question
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 Qur`anic 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.
Regarding what has been mentioned by way of a prohibition of divorce during a wife's menstrual period that is due to an extrinsic factor, namely causing harm to the wife by forcing her to prolong her 'idda (post marital waiting period). For this reason, a husband who divorces his wife during her menstrual period is sinful although divorce is considered as having been effected. This is attested to by the hadith in which the Prophetcensured Ibn 'Umar for divorcing his wife during her menstrual period. Ibn 'Umar asked the Prophet, "O Messenger of Allah! What would your opinion be if I give my wife a threefold divorce [during her menstrual period]?" The Prophet 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. If the marriage had been consummated, it is unlawful for the man to remarry his ex-wife except after she marries another man with a valid marriage contract that fulfills all its integrals and conditions, consummates the marriage, separates from her new husband either through divorce or 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 Allah the Almighty knows best.
