What are the views of the jurists and Ibn Taymiyyah regarding the occurrence of divorce, and does Ibn Taymiyyah hold the view that the divorce of someone who does not remember the details of its occurrence is not counted?
The majority of scholars hold that divorce pronounced during menstruation or during a period of purity in which intercourse occurred is an effective divorce, despite being an innovated (bid'i) divorce. This is the fatwa given, contrary to Ibn Taymiyyah, who states that innovated divorce is invalid. No statement from Ibn Taymiyyah has been found regarding someone who divorced and then forgot whether the divorce occurred during menstruation or during a period of purity in which he had intercourse with her. There is a principle among scholars which states: "Doubt concerning a preventative factor has no effect." In this case, the husband is certain about the divorce but doubts the preventative factor. Therefore, the doubted preventative factor has no effect. It is not known whether Ibn Taymiyyah applies this principle here or not.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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