The Ruling on Divorce during Menses
Fatwa No: 463168

Question

As’salam O’elaikum wa’rehmatAllahi WabarakatuhuFour (4) years ago I divorced my wife for the third time and we went apart, I have two kids with her. Recently I got to know that the divorce is not valid if the women is menstruating, to my best knowledge when the last divorce was announced she was in her days. Or also a scenario if she wasn’t sure if her days were completed since it happened years ago. Would like your explanatory answer in this regards.JazakAllah Khairan

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Divorce during menses is an issue that Muslim jurists held differed opinions regarding its ruling. The majority of jurists are of the view that divorce during menses is valid, whereas Ibn Taymiyyah held the opinion that it is invalid. We give precedence to the view of the majority, and thus it is the opinion we rely on issuing the Fatwa.

As long as you rely on the majority’s view on the effectiveness of this kind of divorce, the permissibility of leaving the opinion of the scholar you imitated is a matter of difference in opinion too.

As such, we recommend you to present your question to the Sharee'ah court or to other similar authorities if you live in a non-Muslim country.

Allah knows the best.

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