Source: Fatāwā Muḥammadiyyah, Volume 1, Page 837
Does divorce take effect if given to a woman while she is pregnant?
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Ammā baʿd:
Yes, divorce does take effect upon a pregnant woman.
This ruling is explicitly established in the Qur’an, as Allah ﷻ says:
﴿وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ﴾
Surah al-Ṭalāq (65:4)
Translation:
"And the waiting period (ʿiddah) of pregnant women is until they deliver their pregnancy."
The verse clearly establishes that:
◈ A pregnant woman’s ʿiddah (waiting period) is until she gives birth.
◈ The term ʿiddah refers to the waiting period that follows divorce.
Thus, if divorce were not valid during pregnancy, then mentioning the ʿiddah of a pregnant woman in the Qur’an would be pointless, which is inconceivable.
Since the Qur’an is free from all futility or meaningless statements, it follows that:
A pregnant woman is a valid subject for divorce, and
Divorce does indeed take effect during pregnancy.
هٰذا ما عندي، والله أعلم بالصواب
❖ Question:
Does divorce take effect if given to a woman while she is pregnant?
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Ammā baʿd:
Yes, divorce does take effect upon a pregnant woman.
This ruling is explicitly established in the Qur’an, as Allah ﷻ says:
﴿وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ﴾
Surah al-Ṭalāq (65:4)
Translation:
"And the waiting period (ʿiddah) of pregnant women is until they deliver their pregnancy."
❖ Clarification:
The verse clearly establishes that:
◈ A pregnant woman’s ʿiddah (waiting period) is until she gives birth.
◈ The term ʿiddah refers to the waiting period that follows divorce.
Thus, if divorce were not valid during pregnancy, then mentioning the ʿiddah of a pregnant woman in the Qur’an would be pointless, which is inconceivable.
Since the Qur’an is free from all futility or meaningless statements, it follows that:
A pregnant woman is a valid subject for divorce, and Divorce does indeed take effect during pregnancy.هٰذا ما عندي، والله أعلم بالصواب
