Does a divorce, pronounced by the husband in secret, take effect when he divorced his menstruating wife by oath, with her not having performed ghusl after her menstruation? And does the second divorce, pronounced by him after she deluded him into believing she would travel and settle in another country, take effect?

Divorce during menstruation or during a period of purity in which intercourse occurred is an innovative (bid'i) and forbidden divorce, but it is considered valid by most scholars. If menstruation stops, divorce becomes permissible even if the woman has not performed ghusl. A woman's informing her husband that she cannot meet him and that she is returning to her country does not prevent the divorce from taking place.

The first divorce, if it occurs before consummation and valid seclusion, is an irrevocable divorce (طلاق بائن). A second divorce does not subsequently affect her because there is no longer a valid subject for divorce. We also note that a secret marriage, which occurs without the woman's guardian (wali), is an invalid marriage.