Fatwa ID: 02736

Answered by: Moulana Muhammad Imad Ali

Question:

Assalamu Alaikum Wa Rahmatullah!

Earlier today, in extreme anger, I told my wife that: "I divorce you." I said it only once. This happened when she was in her menstruation days. I want to know if divorce comes into effect.

Can we do "Ruju", If so what are the conditions?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful.

Answer:

Assalamu Alaikum Wa Rahmatullahi Wa Barakaatuh,

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 ruju, one by speech and the other by action. It is more praiseworthy to make ruju’ by speech rather than action. (Raddul Muhtar p.24 V.5)

For further details follow the link below:

http://daruliftabirmingham.co.uk/talaq-to-a-menstruating-woman-and-the-beginning-of-the-iddah/

Only Allah knows best

Written by Moulana Muhammad Imad Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham