Fatwa: Sheikh Muhammad bin Saleh Al-Uthaymeen حفظ اللہ
It is important to understand the difference between marriage and divorce. Giving divorce during menstruation is forbidden and even haram. When the Prophet Muhammad (صلى الله عليه وسلم) learned that Abdullah ibn Umar (رضي الله عنهما) had divorced his wife during her menstrual period, he became very upset and instructed him to reconcile with her and to leave her until she becomes pure, after which he could either divorce her or retain her.
Allah (عزوجل) says:
“O Prophet! When you divorce women, divorce them for their waiting period and count the waiting period accurately. And fear Allah, your Lord. Do not turn them out of their houses, nor should they leave unless they commit a clear immorality. And those are the limits of Allah. And whoever transgresses the limits of Allah has certainly wronged himself.”
[64:1 At-Talaq]
Thus, it is not permissible to give a divorce during menstruation or during the period of purity in which the husband had sexual relations with his wife, unless the woman is confirmed to be pregnant. If pregnancy is confirmed, he can divorce her at any time, and that divorce will be valid.
A common misconception among people is that divorce given during pregnancy does not count, which is incorrect. A divorce given to a pregnant woman is indeed valid and is more expansive in terms of time than other divorces. Therefore, it is lawful for a man to divorce a pregnant woman. However, if he has had sexual relations with a non-pregnant woman shortly before, he must wait until she becomes menstruating and then becomes pure, or until the pregnancy is confirmed.
Allah (عزوجل) says in Surah At-Talaq:
“And for those who are pregnant, their waiting period is until they give birth.”
[64:4 At-Talaq]
This is clear evidence that divorce given during pregnancy is valid. In the hadith of Abdullah ibn Umar (رضي الله عنهما), it is stated:
“Command him to reconcile with her and then to divorce her in a state of purity or during pregnancy.”
Once it is established that marriage during menstruation is permissible and valid, it is my opinion that the husband should not approach his wife until she is pure. This is because if he approaches her before she is pure, there is a risk that he might engage in forbidden actions during her menstrual period, especially if he is young and may lack control. Therefore, he should wait until she is pure, at which point he can engage in marital relations when she is able to enjoy it fully. And Allah knows best.
Question:
I am a young girl, and some time ago, I had a plan to marry a young man. However, I unexpectedly had my menstrual period during this time. I asked the marriage officiant if marriage could take place during menstruation, and he said it was permissible, but I was not satisfied with his response. I would like to know if this marriage is valid, and if not, will I need to marry again?Answer:
It is permissible and valid for a woman to marry during her menstrual period. There is absolutely no harm in this because the essence of marriage contracts is their legality and validity. There is no evidence to prohibit marriage during menstruation. Therefore, if the situation is as described, the marriage is valid, and there is no issue with it.It is important to understand the difference between marriage and divorce. Giving divorce during menstruation is forbidden and even haram. When the Prophet Muhammad (صلى الله عليه وسلم) learned that Abdullah ibn Umar (رضي الله عنهما) had divorced his wife during her menstrual period, he became very upset and instructed him to reconcile with her and to leave her until she becomes pure, after which he could either divorce her or retain her.
Allah (عزوجل) says:
“O Prophet! When you divorce women, divorce them for their waiting period and count the waiting period accurately. And fear Allah, your Lord. Do not turn them out of their houses, nor should they leave unless they commit a clear immorality. And those are the limits of Allah. And whoever transgresses the limits of Allah has certainly wronged himself.”
[64:1 At-Talaq]
Thus, it is not permissible to give a divorce during menstruation or during the period of purity in which the husband had sexual relations with his wife, unless the woman is confirmed to be pregnant. If pregnancy is confirmed, he can divorce her at any time, and that divorce will be valid.
A common misconception among people is that divorce given during pregnancy does not count, which is incorrect. A divorce given to a pregnant woman is indeed valid and is more expansive in terms of time than other divorces. Therefore, it is lawful for a man to divorce a pregnant woman. However, if he has had sexual relations with a non-pregnant woman shortly before, he must wait until she becomes menstruating and then becomes pure, or until the pregnancy is confirmed.
Allah (عزوجل) says in Surah At-Talaq:
“And for those who are pregnant, their waiting period is until they give birth.”
[64:4 At-Talaq]
This is clear evidence that divorce given during pregnancy is valid. In the hadith of Abdullah ibn Umar (رضي الله عنهما), it is stated:
“Command him to reconcile with her and then to divorce her in a state of purity or during pregnancy.”
Once it is established that marriage during menstruation is permissible and valid, it is my opinion that the husband should not approach his wife until she is pure. This is because if he approaches her before she is pure, there is a risk that he might engage in forbidden actions during her menstrual period, especially if he is young and may lack control. Therefore, he should wait until she is pure, at which point he can engage in marital relations when she is able to enjoy it fully. And Allah knows best.