Fatwa ID: 03094

Answered by:  Shaykh Umer Khan​

Question:

Someone gave Talaaq to his wife while she was in Nifaas, how will be her period? (she is still in nifaas)

Answer:

In The Name Of Allah, The Most-Merciful, The Most Kind

Nifās refers to the blood that is discharged from a woman's womb during or after childbirth or a miscarriage, and is usually translated as "post-natal bleeding". Nifās starts from the time of childbirth and continues until the bleeding stops. There is no minimum limit for nifās, but there is a maximum limit of 40 days after which nifās will automatically be over.

A husband is prohibited from pronouncing divorce (ṭalāq) on his wife while she is in a state of menstruation or nifās. However, if someone gives divorce to his wife during this period, the divorce will take effect and be valid, but the man will be a sinner to for giving divorce in such state (al-Fatāwā al-Hindiyyah, 1/349).

The waiting period (ʻiddah) in this situation remains as three complete menstrual cycles. Therefore, her waiting period will begin from the next cycle for three complete cycles (al-Fatāwā al-Hindiyyah, 1/527).

In case she is breastfeeding her baby, it should be noted that women who are breastfeeding do not usually menstruate. However, according to the jurists, her waiting period will be for the duration of three cycles, even if her cycle commences after two years when she completes breastfeeding (Fatāwā Dār al-ʻUlūm Deoband, 10/212).

Only Allah knows best

Written by Shaykh Umer Khan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham