What is the ruling on a woman's divorce — Khul' — while she is menstruating?
Khul' (divorce at the instance of the wife) during menstruation is permissible according to most scholars because it is not a divorce but rather a final separation, as stated by Ibn Taymiyyah. Ibn 'Uthaymeen clarified that khul' does not have an innovation (bid'ah) and is permissible even during menstruation or after intercourse because it is a ransom (fidyah) and not a divorce. The prohibition of divorce in these situations is to prevent harming the woman by prolonging her 'iddah (waiting period). If she consents, her right is waived. However, the Malikis and those who agreed with them are of the view that it is not permissible.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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