Is the divorce of a menstruating woman valid?
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The questioner : And regarding the divorce of a menstruating woman?
The Shaykh : Menstruating?
The questioner : Yes.
The Shaykh : I also say to the brother questioner that the four schools of jurisprudence and the majority of the Muslim community hold that her divorce takes place and is counted. If it was the final divorce, she is separated from her husband until she marries another man. Some scholars have held that the divorce of a menstruating woman does not take place. We do not issue a ruling based on this position except in a specific case where a particular person comes to seek a fatwa. In that case, we ask him for details and issue a ruling to him based on what appears to us.
The questioner : May Allah reward you. This questioner is from Jordan.
The Shaykh : Menstruating?
The questioner : Yes.
The Shaykh : I also say to the brother questioner that the four schools of jurisprudence and the majority of the Muslim community hold that her divorce takes place and is counted. If it was the final divorce, she is separated from her husband until she marries another man. Some scholars have held that the divorce of a menstruating woman does not take place. We do not issue a ruling based on this position except in a specific case where a particular person comes to seek a fatwa. In that case, we ask him for details and issue a ruling to him based on what appears to us.
The questioner : May Allah reward you. This questioner is from Jordan.