Is it permissible to adopt the view of Ibn al-Qayyim regarding the invalidity of a divorce pronounced during a wife's menstruation, contrary to the [recognized] madhhab, especially since I was aware of its invalidity, and then doubt arose about uttering the word "taliq" (divorced) while the wife was menstruating? What utterance, then, constitutes a valid divorce?

If the doubt about the occurrence of divorce is due to inner thoughts (hadith al-nafs), then divorce is not binding, because the original state is the continuation of the marital bond, and it is not severed except with certainty. Divorce does not occur through inner thoughts but by uttering it. Therefore, your wife remains under your marital bond. We advise you to stay away from obsessive thoughts and doubts.

The divorce of a menstruating woman is considered effective according to the majority of scholars, and this is the most preponderant opinion. However, Sheikh al-Islam Ibn Taymiyyah and Ibn al-Qayyim held the view that it does not occur. There is no blame on whoever adopts the view of Ibn al-Qayyim and those scholars who agree with him – trusting the proponents and following their opinion – because adhering strictly to one of the four madhhabs is not obligatory, and it is permissible to follow other trustworthy scholars whose madhhab is preserved.