Back to search
The question

Is a divorce pronounced by the husband valid if he was in a state of anger, yet conscious and aware, and if it occurred during periods of menstruation or purity in which the husband had intercourse with his wife, knowing that the husband does not consider a divorce pronounced during menstruation to be valid and reviews his wife upon her request without counting the divorce?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The majority of jurists hold that divorce issued during menstruation, or during a period of purity in which the husband had intercourse with his wife, is valid. However, others, including Sheikh Al-Islam Ibn Taymiyyah, are of the opinion that such a divorce is not valid, and this is the adopted by many contemporary scholars. If the husband follows those who say it is not valid, then his divorce does not take effect, and his precautionary reconciliation does not have an impact because it is a reconciliation from a divorce that never occurred. Sheikh Ibn Uthaymeen issued a fatwa that divorce during menstruation does not take effect because it contravenes the command of Allah and His Messenger. He cited the Prophet's (peace be upon him) saying: "Whoever performs an action which we have not commanded, then it is rejected," and the about the one who divorced his wife during menstruation: "Order him to take her back." Divorce during menstruation is considered a bid'ah (innovation) and forbidden divorce, and its perpetrator is sinful, whether it is deemed valid or invalid. The husband must not use divorce except when he truly intends to issue it, and he must fear Allah and not treat divorce as a jest.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
7989
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy