Does the divorce of a menstruating woman, with whom consummation has not occurred, take effect, knowing that there was a legitimate seclusion (khalwa shar’iyya), and do the spouses wish to reconcile if the divorce is invalid?

Most scholars are of the view that divorcing a wife with whom conjugal relations have been established, while she is menstruating or in a state of purity during which intercourse occurred, is an innovated divorce (talaq bid'ah), but it is effective, and this is the relied-upon opinion. As for divorcing a wife with whom conjugal relations have not been established, while she is menstruating, it is permissible and not an innovated divorce. Thus, for a wife with whom conjugal relations have not been established, a pregnant woman whose pregnancy is evident, a woman who has passed the age of menstruation (ayisah), and a woman who has not yet menstruated, there is no sunnah or bid'ah associated with their divorce. Some scholars equate valid seclusion (khalwah sahihah) with consummation, allowing the husband to revoke the divorce if it is less than three divorces. The relied-upon opinion is that divorce is effective in both instances, whether before or after consummation. It is preferable to present these matters to a Sharia court or to trusted scholars.