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What is the ruling on a husband divorcing his wife with a first pronouncement over the phone, then uttering the three pronouncements thereafter? And does the divorce count if she is menstruating? And what should she do if her family prevents her from communicating with him?

1 min readAlso available in العربية

Divorce during menstruation is an innovated and forbidden divorce (طلاق بدعي محرم), but it is effective according to most scholars. Divorce pronounced as three (تطليقات) counts as three, and this is the most preponderant and authoritative opinion (الراجح والمفتى به). So, if the husband divorces his wife three times, being aware and acting voluntarily, she becomes irrevocably divorced from him with a major separation (بينونة كبرى), and there is no way for him to return to her unless she marries another man (زواج رغبة لا تحليل) and that husband divorces her or dies, and her 'iddah (waiting period) expires. It is recommended to present the matter to a Sharia court or trusted scholars. If they rule that there is no irrevocable separation and a return is possible, then the husband has the right to take her back.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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