Does divorce occur during menstruation, taking into consideration Ibn Taymiyyah's opinion to preserve the household, and does divorce by writing online occur to humor the speaker?
Divorce pronounced during menstruation is an innovated (bid'i) and forbidden divorce, but it is considered valid by most scholars. There is no objection to acting upon the opinion of those who believe that innovated divorce does not occur, provided that this belief is based on the conviction of its greater soundness. As for the second divorce, if it occurred merely by writing, it falls under the category of figurative expressions (kinayah) and becomes effective with the intention. However, if the writing was accompanied by verbal utterance, then the divorce occurs, and the intention is not considered, because it falls under the category of explicit expressions (sareeh). The advice is to present the matter to a court or to trusted scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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