Should I follow the opinion of the Egyptian Dar Al-Iftaa since I am Egyptian, or the opinion of the Sharia Court in the Arab country where I reside? And does a divorce that occurred during a period of purity in which my husband had intercourse with me require it to be within a specific timeframe of that purity to be considered an innovative divorce? And what should I do about the intrusive thoughts that come to me, suggesting that my life with my husband is unlawful, especially after the divergence of fatwas between the Sharia Court and Dar Al-Iftaa regarding the occurrence of the divorce?
A Sunnah divorce is a divorce issued during a period of purity (taharah) in which no intercourse has taken place. If he had intercourse with her during that period of purity, he must wait for menstruation and then purity (again) to divorce her before intercourse. Divorcing during menstruation or during a period of purity in which intercourse has occurred is an innovated (bid‘i) divorce and is effective according to the majority of scholars. However, if a scholar issues a fatwa to someone stating the validity of an innovated divorce, or if a Sharia court rules it valid, then there is no blame on him. The statement of a judge in court is a fatwa, not a ruling, unless it is preceded by a lawsuit. If fatwas differ, the questioner should follow what he believes is most in accordance with the truth. If he is unable to weigh the different opinions, he should imitate the best of the muftis he knows.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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