Saturday, 20 December 2014

Divorce During Menstruation is Single Divorce

Under the Islamic Law divorce cannot be complete if a woman is under menstruation. So if divorce is pronounced during periods that will be considered single divorce.. The following ahadees are taken from the most authentic book of Hadees i.e. Sahih Bukhari Shareef for reference.

Volume 7, Book 63, Number 178 :
Narrated by 'Abdullah bin 'Umar
That he had divorced his wife while she was menstruating during the lifetime of Allah's Apostle . 'Umar bin Al-Khattab asked Allah's Apostle about that. Allah's Apostle said, "Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced."
 Volume 7, Book 63, Number 179 :
Narrated by Anas bin Sirin
Ibn 'Umar said: "I divorced my wife while she was menstruating. 'Umar mentioned that to the Prophet . The Prophet said, (to my father), "Let your son take her back." I asked (Ibn 'Umar), "Is such a divorce counted (i.e. as one legal divorce)?" Ibn 'Umar said, "Of course." Narrated Yunus bin Jubair: Ibn 'Umar said, "The Prophet said to 'Umar, 'Order him (Ibn 'Umar) to take her back.' " I asked, "Is such a divorce counted (as one legal divorce)?" Ibn 'Umar said, "What do you think if someone becomes helpless and foolish?"
 Volume 7, Book 63, Number 180 :
Narrated by Ibn 'Umar
(Divorcing my wife during her menses) was counted as one legal divorce.

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Salman Yousaf Khan
International Family Lawyer

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