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*Let's Change Our MINDSET About MARRIAGE*
*Episode 31*
*DIVORCING WOMEN IN THE STATE OF MENSES*
I chose to talk about this topic today after receiving a question from a sister who got divorced in the state of menses. The fact about divorce when a woman is in the state of menses has been addressed by the shari'ah as follows:
As far as divorcing a woman in a state of menses is concerned in islam, the majority of the scholars based on consensus have agreed that divorce in this state of menses does not count based on the following rulings.
Shaykh Ibn Baaz said: Divorce of a menstruating woman does not count as such according to the more sound of the two scholarly opinions, which is contrary to the view of the majority. The majority of scholars think that it does count as such, but the correct scholarly view is that reflected in the fatwas of some of the Taabi’een and in the fatwa of Ibn ‘Umar. This is also the view favoured by Ibn al-Qayyim and a number of scholars who said that this divorce does not count as such, because it is contrary to the laws of Allaah. Allaah decreed that a woman should be divorced when she is in a state of purity, free from nifaas (postpartum bleeding) and menses, and during a time of purity when her husband has not yet had intercourse with her. This is the divorce that is prescribed according to sharee’ah. If he divorces her during her menses or nifaas, or during a time of purity when he has had intercourse with her, then his divorce is bid’ah (an innovation) and does not count as such according to the more sound of the two scholarly views, because Allaah says (interpretation of the meaning):
“O Prophet! When you divorce women, divorce them at their ‘Iddah (prescribed periods) and count (accurately) their ‘Iddah ” [al-Talaaq 65:1]
What this means is when they are pure (not menstruating), and you have not had intercourse with them. This is what the scholars have said about divorcing them at their prescribed periods, they should be pure (not menstruating), and you should not have had intercourse with them, or they should be pregnant. This is what is meant by divorce at their prescribed periods.
Furthermore, the issue of divorcing women is increasingly growing because of the fact that some men are not God-fearing as well as ignorant about the laws of the shariah. It is not befitting for a Muslim man and woman to get into marriage life without equipping themselves with the fiqh of marriage. Marriage is an institution. It requires degrees and masters like any other field of study. Otherwise, you will live in a mess for the rest of your life. May Allah guide the ummah. Ameen
(Copied)
*{To be continued In-sha-Allāh (If Allāh Wills)...}*
*"And keep reminding, because reminding benefits the believers."* (Qur-ān 51:55)
*Let's Change Our MINDSET About MARRIAGE*
*Episode 31*
*DIVORCING WOMEN IN THE STATE OF MENSES*
I chose to talk about this topic today after receiving a question from a sister who got divorced in the state of menses. The fact about divorce when a woman is in the state of menses has been addressed by the shari'ah as follows:
As far as divorcing a woman in a state of menses is concerned in islam, the majority of the scholars based on consensus have agreed that divorce in this state of menses does not count based on the following rulings.
Shaykh Ibn Baaz said: Divorce of a menstruating woman does not count as such according to the more sound of the two scholarly opinions, which is contrary to the view of the majority. The majority of scholars think that it does count as such, but the correct scholarly view is that reflected in the fatwas of some of the Taabi’een and in the fatwa of Ibn ‘Umar. This is also the view favoured by Ibn al-Qayyim and a number of scholars who said that this divorce does not count as such, because it is contrary to the laws of Allaah. Allaah decreed that a woman should be divorced when she is in a state of purity, free from nifaas (postpartum bleeding) and menses, and during a time of purity when her husband has not yet had intercourse with her. This is the divorce that is prescribed according to sharee’ah. If he divorces her during her menses or nifaas, or during a time of purity when he has had intercourse with her, then his divorce is bid’ah (an innovation) and does not count as such according to the more sound of the two scholarly views, because Allaah says (interpretation of the meaning):
“O Prophet! When you divorce women, divorce them at their ‘Iddah (prescribed periods) and count (accurately) their ‘Iddah ” [al-Talaaq 65:1]
What this means is when they are pure (not menstruating), and you have not had intercourse with them. This is what the scholars have said about divorcing them at their prescribed periods, they should be pure (not menstruating), and you should not have had intercourse with them, or they should be pregnant. This is what is meant by divorce at their prescribed periods.
Furthermore, the issue of divorcing women is increasingly growing because of the fact that some men are not God-fearing as well as ignorant about the laws of the shariah. It is not befitting for a Muslim man and woman to get into marriage life without equipping themselves with the fiqh of marriage. Marriage is an institution. It requires degrees and masters like any other field of study. Otherwise, you will live in a mess for the rest of your life. May Allah guide the ummah. Ameen
(Copied)
*{To be continued In-sha-Allāh (If Allāh Wills)...}*
*"And keep reminding, because reminding benefits the believers."* (Qur-ān 51:55)
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