Source: Extracted from the book 500 Questions and Answers for Women based on the fatwas of the scholars of the Two Holy Mosques, translated by Hafiz Abdullah Saleem.
The opinion of Sheikh al-Islam Ibn Taymiyyah and those who support this view is based on the following points:
Question:
A woman with two children was divorced by her husband while she was in a state of menstruation. She did not inform her husband or the judge about her state of impurity. Instead, she only shared this with her mother, who advised her to keep it a secret so the divorce would not be invalidated. After the judge finalized the divorce, she moved to her parental home. Later, fearing the harm her children might face due to the separation, she decided to reconcile with her husband. What is the ruling on this divorce issued during menstruation?Answer:
Scholarly Disagreement on Divorce During Menstruation:- Scholars have differed on whether a divorce issued during menstruation is valid:
- The Majority View: According to the majority, including the four Imams (Imam Abu Hanifa, Imam Malik, Imam Shafi’i, and Imam Ahmad), divorce during menstruation is valid and counts as one pronouncement of divorce. However, the husband is required to take his wife back, let her complete her menstruation, then wait for her to have another menstrual cycle and become pure before issuing another divorce if he wishes.
- The Minority View (Preferred by Ibn Taymiyyah): Divorce issued during menstruation is invalid because it contradicts Allah’s commands and the Sunnah. Therefore, such a divorce is not effective.
The opinion of Sheikh al-Islam Ibn Taymiyyah and those who support this view is based on the following points:
- Divorce during menstruation contradicts the command of Allah and His Messenger (ﷺ).
- Hadith of Abdullah ibn Umar (RA):
Abdullah ibn Umar divorced his wife during menstruation. When his father, Umar (RA), informed the Prophet (ﷺ), the Prophet (ﷺ) became angry and said:
"Order him to take her back, then wait until she becomes pure, then has another menstruation and becomes pure again. Then, if he wishes, he may keep her, or if he wishes, he may divorce her."
[Sahih al-Bukhari, Hadith 4953; Sahih Muslim, Hadith 1471] - The Prophet (ﷺ) further stated:
"This is the prescribed waiting period (iddah) for which Allah has commanded divorce to be given."
- Ruling Derived from the Evidence:
- A valid divorce must be issued during a state of purity (free from menstruation) in which no sexual relations have occurred.
- A divorce given during menstruation is considered invalid because it does not align with Allah’s prescribed method.
- Application to This Case:
- If the husband knew that the wife was in a state of menstruation when he issued the divorce, the divorce is invalid, and the husband is sinful for not adhering to the prescribed method of divorce.
- If the husband was unaware of her menstruation, the divorce remains invalid, but he is not sinful.
- According to the stronger opinion (Ibn Taymiyyah’s view), the divorce issued in this case does not take effect, and the woman remains in her husband’s marriage.
- Reconciliation:
- Since the divorce was invalid, the couple remains married. There is no need for a new marriage contract or reconciliation procedure.
- The husband should avoid issuing divorce impulsively or without ensuring compliance with the Shari'ah guidelines.
Conclusion:
- Divorce during menstruation is a contravention of Allah’s command and the Sunnah of His Messenger (ﷺ).
- According to the stronger opinion, such a divorce is invalid and does not take effect. The couple remains married, and there is no need for any formal reconciliation process.
- The husband should repent if he knowingly violated this ruling, and both spouses should seek to resolve their issues in a manner consistent with Islamic guidance.