Q: What is the correct procedure for seeking a divorce in the case of marital discord?
A: After exhuasting all avenues to reconcile, the correct method to divorce would be to wait for the wife to become clean from haidh (monthly menses) and then, without having any maritial relations, post the haidh to give her one raj’ee (revocable) talaaq (divorce) in that clean period. If you did have relations with her in that clean period, then you will have to wait till her next clean period i.e. post her next haidh.The implication of such a talaaq is that you will be able to take her back without making a new nikah (marriage) i.e. with a mere verbal revocation whilst she is still in iddat (waiting period) or by touching her intimately. Post iddat you will have to make a new nikah.
And Allah knows best.
—
Aadiel Moosagie (Mufti)
Council of Ulama Eastern Cape
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