Back to search

Does divorce during menstruation occur according to Ibn Taymiyyah if consummation with the wife has not taken place, or if there has been a private meeting without intercourse?

1 min readAlso available in العربية

The dower is determined by khalwa (private seclusion), which necessitates considering khalwa as equivalent to dukhūl (consummation). The forbidden, innovative divorce (talāq bidʿī)—such as divorcing a menstruating woman who is not pregnant—does not take effect, whether it occurs before dukhūl, after it, or after khalwa without intercourse. This is the apparent meaning of the words of Shaykh al-Islam Ibn Taymiyyah, who holds that divorce during menstruation is forbidden by the Qur’an, Sunnah, and scholarly consensus, and thus its وقوع (occurrence/validity) is not binding. The Sunnah-compliant divorce (talāq sunnī) is a single divorce given after the woman’s purity from menstruation and before intercourse, or to a pregnant woman whose pregnancy is evident.

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

Read the full answer on Ftawy