❖ Ruling on Divorce During Pregnancy and the Associated ʿIddah ❖
Answer by: Fadhīlat al-Shaykh ʿAbd al-Wakīl Nāṣir حفظه الله
A man divorced his wife while she was pregnant. Some people claim that divorce during pregnancy is not valid. Is this correct? Should the divorce be issued after childbirth, or does it take effect immediately?
✔ Divorcing a pregnant woman is permissible in Islam, and such a divorce is considered a Sharʿī-compliant (ṭalāq al-sunnah) divorce.
The idea that divorce does not take effect during pregnancy is incorrect and baseless.
Sayyidunā ʿAbdullāh ibn ʿUmar رضي الله عنه reports:
"أَنَّهُ طَلَّقَ امْرَأَتَهُ وَهِيَ حَائِضٌ فَذَکَرَ ذَلِکَ عُمَرُ لِلنَّبِيِّ صَلَّی اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ مُرْهُ فَلْيُرَاجِعْهَا ثُمَّ لِيُطَلِّقْهَا طَاهِرًا أَوْ حَامِلًا"
[Ṣaḥīḥ Muslim: 3659]
Translation:
ʿAbdullāh ibn ʿUmar رضي الله عنه said: I divorced my wife while she was menstruating. ʿUmar رضي الله عنه mentioned this to the Prophet ﷺ, who said: “Command him to take her back, and then let him divorce her while she is in a state of purity or pregnancy.”
① Divorce issued during pregnancy is valid and immediately effective.
② The woman’s ʿiddah (waiting period) will last until the birth of the child. Once she delivers, her ʿiddah is complete.
✔ Permissible: Divorce during pregnancy
✔ Valid: Immediately enforced upon pronouncement
✔ ʿIddah: Lasts until childbirth
✔ Sharʿī Compliance: Considered ṭalāq al-sunnah (divorce in accordance with the Sunnah)
Answer by: Fadhīlat al-Shaykh ʿAbd al-Wakīl Nāṣir حفظه الله
❖ Question:
A man divorced his wife while she was pregnant. Some people claim that divorce during pregnancy is not valid. Is this correct? Should the divorce be issued after childbirth, or does it take effect immediately?
❖ Answer:
✔ Divorcing a pregnant woman is permissible in Islam, and such a divorce is considered a Sharʿī-compliant (ṭalāq al-sunnah) divorce.
The idea that divorce does not take effect during pregnancy is incorrect and baseless.✿ Prophetic Guidance:
Sayyidunā ʿAbdullāh ibn ʿUmar رضي الله عنه reports:
"أَنَّهُ طَلَّقَ امْرَأَتَهُ وَهِيَ حَائِضٌ فَذَکَرَ ذَلِکَ عُمَرُ لِلنَّبِيِّ صَلَّی اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ مُرْهُ فَلْيُرَاجِعْهَا ثُمَّ لِيُطَلِّقْهَا طَاهِرًا أَوْ حَامِلًا"
[Ṣaḥīḥ Muslim: 3659]
Translation:
ʿAbdullāh ibn ʿUmar رضي الله عنه said: I divorced my wife while she was menstruating. ʿUmar رضي الله عنه mentioned this to the Prophet ﷺ, who said: “Command him to take her back, and then let him divorce her while she is in a state of purity or pregnancy.”
❖ Ruling:
① Divorce issued during pregnancy is valid and immediately effective.
② The woman’s ʿiddah (waiting period) will last until the birth of the child. Once she delivers, her ʿiddah is complete.
❖ Summary:
✔ Permissible: Divorce during pregnancy
✔ Valid: Immediately enforced upon pronouncement
✔ ʿIddah: Lasts until childbirth
✔ Sharʿī Compliance: Considered ṭalāq al-sunnah (divorce in accordance with the Sunnah)
