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Can Rujuu of a Talaq Be Done When the Wife Is Pregnant

Answered as per Hanafi Fiqh by DarulIftaBirmingham

Answered by: Alimah Fatima Begum


I am 4 months pregnant and my husband divorced me once in written form on paper. After divorce, he wanted to be normal again and did rujoo’. But after some days he sent me again to my parents’ house and wanted a separation. What is the status of the divorce and rujoo’?

In the name of Allah the Most Beneficent, the Most Merciful


Divorce in the state of pregnancy is valid. The first divorce your husband gave was one Talaaq Rajii. In such a talaq, the husband can choose to take back his wife any time during the iddah. Since you were pregnant, the iddah lasts until childbirth. Hence, when he took you back, the rujoo’ was valid and established.

In the second instance, his sending you to your parents’ house and demanding separation (if he did not clearly use words of talaq yet he intended for it) would be classed as Kinayah (Unclear Divorce) and would amount to one Talaq Baain. In this case, the marriage terminates, and in order to validate it, the nikah must be redone.

Only Allah knows best.

Written by Alimah Fatima Begum  

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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