Talaq to a menstruating woman and the beginning of the Iddah

CategoriesDivorce [567]

Fatwa ID: 01250

Answered by Mufti Mohammed Tosir Miah

Question:

My husband gave me one talaq while i was menstruating. 2 days later he said to me that I take you back. Is rujoo done? When does the iddat begins if talaq is given in periods.  

Answer:

Bismillah

 

 

In the name of Allah, the most Beneficent, the most Merciful.

Divorce or talaq given in the state of haidh or nifas is unlawful and sinful but if the husband gives it, the talaq will be valid and comes into effect. Furthermore, if the husband revokes the talaq, such a revoking will also be correct as well. (Fatawa Hindiyyah p.349 v.1)

The jurists have listed two ways of effecting rujuu, one by speech and the other by action. It is more praiseworthy to make rujuu by speech rather than action. (Raddul Muhtar p.24 V.5)

To effect a rujuu by speech the husband can say, “I have taken you back”, or “I have retained you”. Rujuu will be effected whether the wife is in front of him or not, however where the wife is not present it is best to have two. (Raddul Muhtar p.25 V.5)

The jurists have placed the condition of there being lust and desire on the part of either the husband or wife if rujuu is initiated by action. If there is no desire then rujuu is not affected. Therefore, to touch the wife, have intercourse with her, to kiss her including her face, forehead and lips and also to touch her with or without an intervening cloth where the heat of the body is felt with desire, will effect rujuu. (Ibid)

The iddah of a woman who has been divorced is three complete menstruation cycles. Therefore, her iddah will begin from her next cycle for three complete cycles. (Fatawa Hindiyyah p.527 v.1)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

 

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