Thinking of divorcing now? If she’s on her period, you might be acting too soon — religiously and in many legal systems the timing matters
In Islam, divorce pronounced during a woman’s menstrual period is not valid. This article examines the ruling on divorce during menstruation and the cases in which divorce during menstrual bleeding might be permitted.
If a woman is menstruating or undergoing the postnatal bleeding (nifas), divorce is legally not correct. Because according to Article 1140 of the Civil Code, divorce is only permitted when the woman is not in her menstrual or postnatal period and is in a state of purity.
Purity of the woman: One of the conditions for the validity of divorce is that the woman be ritually pure (tahir) from menstruation and nifas. In other words, at the time the divorce formula is pronounced, the woman must be in a state of purity.
Some scholars consider this rule to exist because divorce pronounced while the woman is pure increases the likelihood of reconciliation (rajʿa) by the husband, which is to the woman’s advantage.
There is difference of opinion among jurists regarding the consequence of divorce during menstruation:
Invalidity of the divorce: Some jurists hold that divorce in this situation is null and void.
Valid but sinful: Others maintain that the divorce is valid but that the husband who pronounces it has committed a sin.
Purity from menstruation and nifas: In addition to being free from menses, the woman must also be pure from postnatal bleeding.
Purity from intercourse: From the end of the previous menstruation until the time the divorce is pronounced, the couple should not have had sexual intercourse.
Presence of two just witnesses: Divorce should be pronounced in the presence of two upright witnesses.
Given the importance of divorce and its consequences, it is recommended that one consult their marjaʿ (religious reference) so that, according to his view, the best decision can be made.
