Back to search
The question

Does a man's divorce of his wife count if she is menstruating? And must a divorced woman observe her waiting period in the marital home?

Share this answer

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

Divorcing a menstruating woman is an unlawful innovation (bid'ah), yet it is considered valid by the majority of scholars, and this is the preponderant view. If the triple divorce has not been completed, the husband may take his wife back before the expiry of her . She must remain in the marital home, and she is not permitted to leave before the iddah expires, which is three menstrual cycles for a menstruating woman, by childbirth for a pregnant woman, and three months for a young or post-menopausal woman. The husband is not permitted to expel her from the house before her iddah ends, because remaining in the home is a right of the iddah, which is a right of Allah Almighty, and the husband does not have the authority to waive any of its rights. The wife must return to her husband's house, and no one is to be obeyed in preventing her. The validity of the ijah (return) does not require the wife's knowledge or consent.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
130582
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.
Read the full ruling
Read the full answer on Ftawy