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The question

What is the ruling on a woman's divorce — Khul' — while she is menstruating?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

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 () and not a divorce. The prohibition of divorce in these situations is to prevent harming the woman by prolonging her ' (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.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
119717
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy