Divorce during menstruation
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I had a question regarding the answer on the divorce of the drunk man. The answer stated that the divorce of anyone except the insane and child counts. However, previously I had been told by people in India who claimed to have found out about it that if the woman is menstruating then the divorce does not count and that this is true even if the husband did not know. I ask because it has happened to one of my cousins and I am now worried as to the validity of their marriage.
Walaikum assalam wa rahmatullah,
A talaq pronounced during a woman's menstrual period counts according to Sunni scholarship, as explained by Imam Ibn al-Humam in Fath al-Qadir (3.472), Imam Nawawi in al-Majmu`, and Imam Ibn Qudama in al-Mughni (7.280), though there is agreement, too, that it is a sinful thing to do because of the undue prolongation of divorce and other, more subtle considerations.
And Allah alone gives success.
Wassalam,
Faraz Rabbani
faraz@sunnipath.com
hanafi@sunnipath.com
This answer was published by SunniPath and is preserved as written. Rulings can depend on circumstances; for your own situation, consult a qualified scholar.
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