Jamiat KZNJamiatul Ulama KZN

Is it permissible to issue Talaaq to a woman who is pregnant or just after she gives birth?

English
*Islamic Rulings*Marital Guidance*MotherhoodDivorce (Talaaq)FatwaFemale Issues

Question

Is it permissible to issue Talaaq to a woman who is pregnant or just after she gives birth and from when is the Iddah started and calculated?

Answer

It is impermissible to issue Talaaq to a woman whilst she is in the state of Nifaas (post-natal bleeding) just as it is impermissible to issue Talaaq to a woman in the state of Haidh (menstrual bleeding).

Nonetheless, if a Talaaq is issued to a woman in the state of Nifaas or Haidh, the husband will be sinful but the Talaaq issued will be valid.

In principle, there is no prohibition in issuing a Talaaq to a pregnant woman. However, one should consider exercising restraint and not issuing a divorce at that time as she may be experiencing hormonal imbalance due to the pregnancy. Furthermore, she is carrying your child and you need to show some affection to her in that state. In addition, issuing a divorce during the pregnancy of one’s wife may prolong the Iddat period as well.

In terms of the commencement of the Iddah period, a woman must observe the Iddah period of Talaaq from the time the Talaaq was issued regardless of whether it was issued whilst she is pregnant, in the state of Nifaas or Haidh.

If a Talaaq was issued to a woman whilst pregnant, her Iddah period will terminate upon the birth of the child regardless of the length of period.

In regards to the calculation of the Iddah period for a menstruating woman, she must observe a complete Iddah period of three menstrual cycles. However, if the Talaaq was issued during Nifaas or Haidh, the first of the three menstrual cycles will be counted from the next cycle of menstruation. (Fataawa Darul Uloom Deoband 9/47)

And Allah Ta’ala Knows Best

Answered by
Mufti Muhammed Hamza Farooqui, Mufti Taahir Hansa
View original Ask Jamiat KZN directly

Fatawa SA is an independent, read-only index of fatawa already published by Jamiatul Ulama KZN. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.