Fatwa ID: 02542

Answered by: Maulana Muhammad Afzal Hussain

Question

I want to divorce my wife but she is six months pregnant can I divorce her according to Islam and if I can is that lawful or unlawful .

Answer

Divorce is a permissible act in order to remove the harm from anyone of the spouses. Allah said: “The divorce is twice, after that, either you (Husband) retain her on reasonable terms or release her with kindness.”[Al-Baqarah: 229]

The Prophet (peace and blessings be upon him) said, “The most hateful permissible thing in the sight of Allah is divorce.” (Abu Dawud and Ibn Majah)

The spouses should avoid divorce as much as possible. If they have difficulties and problems they should try to work out their differences and seek help from their relatives, friends or professional counsellors.

However, divorcing in the state of pregnancy is permitted. [See: Al-Hidayah, Chapter: Talaq. Aap Ke Masail Aur Un Ka Hal, Vol: 2, Page: 173, Publisher: Bangladesh Islamic Centre Dhaka]

Once Ibn Umar Radiallahu Anhu divorced his wife, in which it is narrated that the Prophet said: “Tell him to take her back then divorce her when she is pure (not menstruating) or pregnant.” [Muslim: 3640. Nasai: 3426. Thirmidhi: 1176. Ibn Majah: 2023. Abu Dawud: 2181]

Al-Nawawi said in Sharh Muslim:  This indicates that it is permissible to divorce a pregnant woman whose pregnancy is established.

Only Allah Knows Best

Written by Maulana Muhammad Afzal Hussain   

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham