Fatwa ID: 05218

Answered by: Alimah Fatima Begum

Question

I am 4 months pregnant and my husband divorced me once in written form on paper. After divorce, he wanted to be normal again and did rujoo’. But after some days he sent me again to my parents’ house and wanted a separation. What is the status of the divorce and rujoo’?

In the name of Allah the Most Beneficent, the Most Merciful

Answer

Divorce in the state of pregnancy is valid. The first divorce your husband gave was one Talaaq Rajii. In such a talaq, the husband can choose to take back his wife any time during the iddah. Since you were pregnant, the iddah lasts until childbirth. Hence, when he took you back, the rujoo’ was valid and established.

In the second instance, his sending you to your parents’ house and demanding separation (if he did not clearly use words of talaq yet he intended for it) would be classed as Kinayah (Unclear Divorce) and would amount to one Talaq Baain. In this case, the marriage terminates, and in order to validate it, the nikah must be redone.

Only Allah knows best.

Written by Alimah Fatima Begum  

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham