Is it permissible to act upon the opinion of Ibn al-Qayyim regarding the non-occurrence of divorce during menstruation, without resorting to the Dar al-Ifta or the Egyptian judiciary?
If there is no dispute between the spouses, there is no need to go to court. Divorcing a menstruating woman is forbidden and an innovation (bid'ah), but the preponderant opinion and the of most scholars is that it is effective despite its prohibition. If the number of divorces is less than three, the husband can reconcile with his wife before the expiry of her ' without recourse to court or renewing the marriage contract. There is no harm in adopting the view of those who do not consider innovative divorce to be effective (such as Ibn Taymiyyah and Ibn al-Qayyim), provided that this is based on the conviction that their view is preponderant, and not out of following whims or seeking concessions.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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