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Fatwa CenterConfused about Husband's Divorce
Question
The first time my husband divorced me. I was having my period but he did not know and divorced me. The second time he divorced me after only 7 days before we had relation. Is this divorce Halal? Because I heard that he can't divorce when you have your period and after having relation (Jimaa) with you? I am waiting for my last one. What will be my Iddah period of waiting?
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 
is His slave and Messenger.
There are two kinds of divorce as far as the time and the means are concerned: Divorce that is not in conformity with the Sunnah (which is called Bid’i divorce), and Sunni divorce. The Bid’i divorce is any divorce issued to the wife when she is in menses, or during a period of purity (no menstruation) where the husband has had sexual intercourse with her, or when the husband issues three divorces at once. The Sunni divorce is any divorce done otherwise (i.e. that is in conformity with the Sunnah).
The majority of the Muslim scholars believe that the Bid’i divorce is a valid divorce; i.e., it causes the separation between the two spouses. This is the opinion of the four Imams. But other scholars, such as the great scholar Ibn Taymiyyah 
he believes that the Bid’i divorce is not valid and does not cause the separation between spouses.
As for divorcing the woman while she is pregnant, this is a Sunni divorce. The difference between Sunni and Bid’i divorce is as follows. If the husband divorces his wife by a Bid’i divorce knowingly, he commits a sin but if he divorces her by a Sunni divorce, he does not commit a sin.
Finally, we remind you that this kind of issue should be dealt with by Islamic courts or trustworthy scholars of Islam.
If the husband wants to divorce his wife according to the Sunnah, he should divorce her in a period of purity in which he has not had sexual intercourse with her.
So, if the man divorces his wife while she is in menses or in a period of purity when he has had sex with her, he commits a sin but the divorce is valid according to the view of the majority of the Muslim scholars. (See Fataawa 81864 and 84647).
So, the first divorce that your husband issued to you while you were in menses is a valid divorce and he should have revoked it. His second divorce is also valid if you were still during your ‘Iddah (waiting period for a divorced woman before she could get married to another man) because in that period all the rulings of a married woman apply to you. The fact that he did not have sex with you in that period does not influence the ruling.
As for the ‘Iddah (waiting period for a divorced woman before she could marry another man), it differs according to the state of the divorced woman.
If the woman is pregnant her ‘Iddah expires as soon as she gives birth to the baby. Allah Says (what means): {And for those who are pregnant, their term is until they give birth.} [Quran 65:4]
If she is not pregnant and menstruates, her ‘Iddah is the passing of three menstruation periods after the divorce. Allah Says (what means): {And divorced women shall wait (as regards their marriage) for three menstrual periods.} [Quran 2:228]
If the woman is too young or too old to menstruate, her ‘Iddah is the passing of three months after the divorce. Allah Says (what means): {And those who no longer expect menstruation among your women - if you doubt, then their period is three months, and [also for] those who have not menstruated.} [Quran 65:4]
But if the man has just married a woman and he has not had any sexual intercourse with her, then if he divorces her, she does not have to wait for any ‘Iddah. Allah Says (what means): {O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no 'Iddah have you to count in respect of them.} [Quran 33:49]
Allah knows best.
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