Is it permissible for a wife to choose the easier of scholarly opinions, deeming her divorce during menstruation as invalid and returning to her husband, acting upon the fatwa of Ibn Taymiyyah, in order to prevent the disintegration of the family? And would she bear sin for doing so?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Divorce during menstruation or during a period of purity in which sexual intercourse occurred is an innovative (bid‘i) and forbidden divorce. However, it is considered valid by the majority of scholars, and this is the given. There is no objection to acting upon the opinion of scholars who consider innovative divorce as not taking effect, if this opinion is based on the belief in its preponderance. It is advised 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.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/134087
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- Ftawy
- Original fatwa ID
- 134087
- 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