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The question

Does divorce take place if it occurs while the woman is menstruating, and is it considered a khul’ (divorce at the wife’s instance) if the wife requests a divorce due to ill-treatment and files a lawsuit for that purpose?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Divorce during menstruation is forbidden and contrary to the Sunnah, but it is considered valid and counts as a divorce according to the majority of jurists, and the one who performs it is sinful. Ibn Qudamah stated that it is an innovative divorce (talaq bid'ah), and scholars have unanimously agreed on its prohibition, yet it is still considered valid. Sheikh al-Islam Ibn Taymiyyah holds the view that it does not occur. If this divorce is in exchange for money, it is considered khul' (a form of divorce initiated by the wife), otherwise, it is a regular divorce, and in this case, the husband has the right to take his wife back without her permission.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
80178
Imported
Translation status
Source text, unreviewed
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