Wednesday, 29 June 2011

Islam Question and Answer - Divorcing a woman by talaaq when she is pregnant

Divorcing a woman by talaaq when she is pregnant
My husband divorced me while I was pregnant than before I gave birth to my child he came back and said that we are not divorced since pregnant women can’t be divorced.  So I would like to know am I really divorced or not.  My husband and I love each other very much and now we have a baby son.  Please do reply to me as soon as possible.


be to Allaah.


Shaykh Ibn Baaz (may Allaah have mercy on him) was asked
whether a woman may be divorced by talaaq when she is pregnant. He said: 

This is an idea which is common among some people. Some
of the people think that a pregnant woman cannot be divorced by talaaq.
I do not know where they get this idea from, for it has no basis in
the words of the scholars. Rather the view of all the scholars is that
a pregnant woman can be divorced by talaaq. There is consensus on this
point among the scholars, and there is no dispute. Talaaq according
to the Sunnah means that a woman may be divorced in two cases: 

1 – She may be divorced when she is pregnant; this is
a Sunnah divorce and is not bid’ah.

2 – She should be taahir (pure, i.e., not menstruating)
and her husband should not have touched her (i.e., had intercourse with
her), i.e., she should have become taahir following menstruation or
nifaas (post-natal bleeding) and before he has intercourse with her.
Talaaq in this case is in accordance with the Sunnah. 

Fataawa al-Talaaq by Shaykh Ibn Baaz, 1/45-46 

So long as he took her back during the ‘iddah, then she
is still his wife, because the ‘iddah of a woman who is pregnant ends
when she gives birth, and her husband took her back before she gave
birth. Allaah says (interpretation of the meaning): 

“And for those who are pregnant (whether they are
divorced or their husbands are dead), their ‘Iddah (prescribed period)
is until they lay down their burden”

[al-Talaaq 65:4] 

This is the ‘iddah of the pregnant woman whether she
is divorced or widowed. The husband should count this as one talaaq.
And Allaah knows best.

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid


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