Back to search
The question

Does a divorce issued by the husband during intermittent periods of menstruation, and another time under duress, take effect, knowing that the husband was unwilling to divorce each time and only uttered it after insistence and threats from the wife?

Share this answer

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

The fatwa upheld by us is that a man's divorce of his wife during her menstruation or during a period of purity in which he had intercourse with her is effective, even though it is forbidden. This is the view of the majority of scholars, contrary to Ibn Taymiyyah. In matters where scholars differ, there is no blame on someone who acts upon the saying of one of them, as long as they are comfortable with that saying. As for divorce due to psychological threat, the general rule is that it takes effect unless it falls under the category of recognized coercion, such as the strong presumption of severe harm occurring, like murder or physical assault. This has conditions, including: that the coercer be capable, that the threatened harm is highly likely to occur, and that the harm is significant. Therefore, the husband must present the matter to scholars in his country. Both spouses must live together in kindness, and a woman is forbidden from seeking divorce without a valid reason. Divorce is fundamentally disliked in Islamic law and should only be resorted to when all avenues of reconciliation have been exhausted.

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

Read the full answer on Ftawy