Is it permissible for a judge to divorce his menstruating wife according to the Hanafis, and does the wife's consent negate the unlawfulness of divorcing during menstruation?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The Hanafi jurists have stipulated that the prohibition of divorce during menstruation is directed at the husband, making it unlawful for him, but not for the wife or the judge. A woman's consent to divorce during menstruation does not make it unlawful for the husband if she is the one seeking it, as in cases of takhyeer (giving the wife the choice to divorce) and khul' (divorce at the wife's instance, usually with compensation). The reason for the detestability (of divorce during menstruation) is to prevent harm to the woman by prolonging her (waiting period).
Summarized from the full answer at Ftawy · imported
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- 153350
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