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Iddah of a woman divorced in her period

Answered as per Hanafi Fiqh by Fatwaa.com

A husband divorces her wife 3 times at oncce. It is said that 3 mensturations are iddah perid. My question is that she was in her mensturation period when divorced.
1. Will that period be counted as 1st period or not.and follwing 2 periods will complete her iddah period in which case she will be observing iddah for only 2 months?
2. What if just one day after divorce her menses started. Say she was divorced on 1st september. Her menses started 2nd september. Then she had periods on 2nd october and then on 2nd november.
Will her iddah be completed by 2nd november

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

It is not permissible for a husband to divorce his wife during her periods. If he does so, he will be sinful. However, the divorces issued during the menses will be valid and binding.

The period in which the divorces are issued will not be considered. Her Iddah will be the three periods thereafter.  In this case, her Iddah will be prolonged, and it is for that reason that the husband will be sinful.

If she is divorced a day before her period, the period which commences the next day will be considered as the first period of the Iddah.

And Allaah Ta’aala knows best

Wassalaam,

Ismail Moosa (Mufti)

This answer was collected from Fatwaa.com which is an excellent Q&A site managed by Mufti Ismail Moosa from South Africa. .

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