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The question

Is the marriage contract valid if one of the spouses is in a state of ritual impurity (junub) or if the wife is menstruating? And does divorce occur if one of the spouses is in a state of ritual impurity (junub) or if the wife is menstruating?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

(ritual impurity due to sexual discharge) and menstruation do not affect the validity of a marriage contract, as ritual purity is not among its pillars or conditions for its validity. As for divorcing a menstruating woman, or divorcing her during a period of purity in which he had intercourse with her, this is an innovated divorce ( bid'i), which is forbidden by consensus, but it is valid. The divorce pronounced by a person in a state of janabah is also valid, whether his janabah was due to his wife or not, because ritual purity from janabah is not a condition for the occurrence of divorce.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
68836
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy