What is the ruling on a divorce that occurred during menstruation while the husband was unaware of it, knowing that the wife left the marital home two months ago and does not wish to return, and does she bear a sin for that?
The wife bears no sin for an innovative divorce ( bid'i). However, if she leaves without her husband's permission, she is sinful unless she has a legitimate Shar'i excuse, and she must repent. As for returning to the husband, if the divorce is revocable (raj'i) and still within the ' (waiting period), the husband has the right to take her back, and the wife's consent is not required. However, if the divorce is irrevocable (baynunah), the wife has the choice to either return or refuse, and she should consider what is in her best interest, especially if they have children. Both spouses should resolve their problems wisely and fulfill their duties to ensure family stability.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 87712
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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