Validity of talaaq that was issued during haidh
Question
My khala in-low got divorced a month ago. Her husband gave her divorce 6 times. That time khala was on her periods days. Now her ex husband and his family keep saying because of her periods that talaaq was null and void and come back. Please guide us.
Answer
It is not permissible for the husband to issue talaaq when the wife is in the state of haidh. However, if he issues the talaaq when the wife is in the state of haidh, then according to all four schools of Islamic jurisprudence (Hanafi, Maaliki, Shaafi and Hambali), the talaaq will be valid and will take place. Hence, in this case, all the talaaqs are valid and the nikaah has terminated. They both are no longer halaal for each other.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
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