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Fatwa CenterRequesting conditions which make divorce permissible
Question
If a husband and wife are unhappy on each another for long time, then there is a question for divorce. I want to know how many days there have to be separation or mental disagreement between them before considering divorce.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
If a husband decides to divorce his wife he has to observe the Sunnah, i.e. he has to divorce her, not having had sex with her after she became pure from menses. If he has sexual intercourse with her after she becomes pure from menses, he has to wait until she becomes pure again after the next menses and not have intercourse in order to divorce her if he so wishes. However, if he acts contrarily to this and divorces his wife while she is in menses, then divorce takes place. If he does not take her back during the waiting period then she is divorced and he cannot take her back except with a new marriage contract and a new dowry. [This is in case it is the first or second divorce, but if it is the third divorce, he cannot take her back until she marries another man who divorces her, then the first can remarry her].
Nonetheless, it is better for the husband or the wife not to hasten and take the decision of divorce, rather it should be the last resort and we ask Allaah to reconcile between you.
Allaah knows best.
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