If a husband gives his wife 3 talaaqs while she has her period, is it valid?
Question
If a husband gives his wife 3 talaaqs while she has her period, is it valid?
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
If the husband has given his wife three Talaaqs during her menses, it will constitute three divorces (Talaaq-e-Mughalladah). It is not permissible for the couples to live together as they are no longer husband and wife. [1]
And Allah Ta’āla Knows Best
Abdul Hannan Nizami,
Student Darul Iftaa
Chicago, USA
Checked and Approved by,
Mufti Ebrahim Desai.
References (Arabic / Urdu sources)
[1] وَالْبِدْعِيُّ من حَيْثُ الْوَقْتُ أَنْ يُطَلِّقَ الْمَدْخُولَ بها وَهِيَ من ذَوَاتِ الْأَقْرَاءِ في حَالَةِ الْحَيْضِ أو في طُهْرٍ جَامَعَهَا فيه وكان الطَّلَاقُ وَاقِعًا (الفتاوى الهندية، ج1ص349، دار الفكر)
- Answered by
- Abdul Hannan Nizami
- Checked & approved by
- Mufti Ebrahim Desai
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/25821
Fatawa SA: https://fatawa.co.za/fatwa/askimam-25821
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“The law of shariah is that once the husband issues three divorces, the nikaah totally terminates and there is no way for the husband to reconcile. Both husband and wife become haraam for each other.”
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