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Fatwa CenterDivorcing wife during her menses
Question
If somebody gives Talaq (Divorce) to his wife during her menses or pregnancy, will the Talaq be valid?
Answer
Praise be to Allah, the Lord of the Worlds; and blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
Divorce is of two kinds: 1- Divorce of Innovation: That is to divorce a wife during her menstrual period or in a state of purity in which they (the 2 spouses) have had sexual intercourse or to divorce her thrice at once. 2 - Approved Divorce. The Majority of the Muslim scholars, among them the four known Imams, have agreed that the divorce of innovation is legally effective. Imam Ibn Taymiyah and others see that this divorce is ineffective. Each group has its pieces of evidence. As regards divorce during the period of pregnancy, it is effective since it is a form of the Approved Divorce. The difference between the Approved Divorce and Divorce of Innovation is that the doer of the latter is sinful, but the first is not. We would like to advise you to refer Shariah courts in your country if there are any, otherwise you ask reliable Muslim scholars. Allah knows best.
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