Is a divorce that occurs during a period of purity (ṭuhr) in which the husband had intercourse with his wife, but with external ejaculation, considered an innovated divorce (ṭalāq bid‘ī)? And what is the wisdom behind considering it innovated in this case if the ejaculation was external and does not lead to pregnancy? And is it required to know the exact date of the divorce for its calculation? If the date is forgotten, what is the solution? And is it forbidden to follow the ruling of a judge who does not validate an innovated divorce, despite the existence of opinions from some scholars who do? And where should the female questioner go to seek a fatwa?

If a man has intercourse with his wife during a period of purity (Tuhr), it becomes unlawful for him to divorce her during that same period, whether he ejaculated or not. The mere penetration of the penis into the woman's vagina, by concealing the glans (hashafah), is sufficient to prohibit divorce within the same period of purity. The Hanafis justified this by stating that when a man has intercourse with her, his desire for her wanes. The waiting period ('iddah) for divorce is calculated from the time it occurs. If the woman forgets the time of the divorce, she must ascertain the time she is certain it did not occur before, this applies to those whose 'iddah is calculated by months. As for those who menstruate, their 'iddah is three menstrual cycles. If the matter is brought before a court, there is no regard for the statement of anyone who contradicts it, because the judge's ruling settles the dispute. Appealing to the Sharia court is permissible.