Home
Discover Islam
Quran Recitations
Lectures
Fatwa
Articles
Fiqh
E-Books
Women
Boys & Girls 
Enter Question
View By Subject
Fatwa Of The Week
Selected Fatwa
Fatwa CenterMenses came right after pronunciation of divorce
Question
I am a English revert and please help me. I married my husband and asked for a divorce a few months later because i did not feel Physically attracted to him. He gave me a divorce. We returned back together before my Idda finished and then later again divorced. About half hour later i went to the toilet and found i started my menses. We returned again together after Idda and did a new marriage contract but later divorced again. My Husband said the 2nd did not count. We then later did another new marriage contract. I don't know if we are married or not? He says we are. I do regret asking for the divorces and we are happy together now but i dont know if we are Halal or living Haram.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
In principle, the time that any incident occurs is the nearest time to it, as mentioned by the jurists. As-Suyooti said in his book Al-Ashbaah wan-Nathaa’ir: “The general rule is attributing an incident to the most recent time.” The commentary of Al-Bujayrimi in the Shaafi’i Fiqh reads: “It is possible that the impure substance came about afterward, because the general rule is attributing an incident to the most recent time, and by default, it was not there before that.” [End of quote]
If we presume that divorce was pronounced during your menses, then divorce pronounced during menses is effective according to the majority view of the jurists. This is also the view we adopt here at Islamweb and the one we consider to be the most valid opinion. For more benefit, please refer to Fataawa 81864 and 84647. Accordingly, you are divorced irrevocably and your husband may not take you back.
Now, what remains to be examined is why your husband did not count the second divorce. If he pronounced this divorce during your menses, and he did not count it because he has the ability to examine Sharee'ah evidence and he has enough knowledge to distinguish between stronger and weaker opinions, and he holds that the stronger opinion to be that divorce is not effective, or he acted according to this under the authority of some scholars who are of this view, then there is no harm in him taking you back. But if he took you back based on whims and desires, then his taking you back is not valid and you are obliged to separate from him even if it means offering him a compensation. For more benefit on kinds of divorce, please refer to Fatwa 82541.
Finally, we would like to bring your attention to the two following matters:
1. It is not permissible for a woman to ask for divorce unless she has a legitimate reason. We have already clarified in Fatwa 131953 the cases in which a wife has a sound reason to ask for divorce. Not being physically attracted to him is not a sound reason for asking for divorce unless you are clearly harmed by this.
2. In married life, you should be try your best to solve problems without divorce to avoid regrets in the end.
Allaah Knows best.
Search Fatwa
Fatwa Subject
