Fatwa ID: 04072
Answered by: Maulana Muhammad Imad Ali
Can you divorce a woman during her menstrual cycle?
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful
Abdullah ibn Umar (radiyallahu anhu) relates that in the time of the Messenger of Allah (sallallahu alayhi wa sallam), he (Abdullah ibn Umar) divorced his wife while she was menstruating. [His father] Umar ibn al-Khattab (radiyallahu anhu) asked the Messenger of Allah (Allah bless him and give him peace) about it. The Messenger of Allah (sallallahu alayhi wa sallam) said: “Command him to take her back. Then he should keep her until she becomes pure and then menstruates and becomes pure. Then, if he wishes, he can keep her, and if he wishes, he can divorce her before having relations with her. That is the prescribed period which Allah has fixed for the women to be divorced.” (Sahih al-Bukhari)
From the above mentioned Hadeeth, we can derive that you should divorce her whilst she is in the state of purity (Tuhur) and you have not consummated with her. However, divorce given in a woman's menstruation cycle is considered valid.
Only Allah knows best.
Written by Maulana Muhammad Imad Ali
Darul Ifta Birmingham