What is the religious ruling on a Tunisian man residing in France marrying an Armenian woman who converted to Islam and whose conversion was good, then divorcing her three times at separate intervals, knowing that the first divorce occurred while she was menstruating, which she herself affirmed? Is this a bid'i (innovative) divorce, and is there a way to take her back, especially since she has repented and wishes to preserve her religion? Does the absence of a guardian (wali) for her at the time of their marriage affect the validity of the marriage?
The majority of jurists, including the four schools of thought (Madhahib), hold the view that the divorce of a menstruating woman is valid, and this is the adopted ruling (al-mufta bihi). Accordingly, if the three pronouncements of divorce occur, then the woman becomes irrevocably divorced (baynunah kubra) and is not permissible for her divorcing husband until she marries another husband, based on the Almighty's saying: "And if he has divorced her [for the third time], then she is not lawful to him afterward until she marries another husband." Searching for fatwas that align with one's desires is a dangerous path, and Sheikh al-Islam Ibn Taymiyyah strongly warned against it, emphasizing that whoever divorces his wife three times, the divorce has occurred, and it is not permissible for him to seek an exit to invalidate the irrevocable divorce (baynunah kubra) by claiming the marriage was retroactively invalid. It is advisable to be diligent in preserving the first wife to reunite the family and maintain chastity.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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