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Divorcing a Pregnant Woman: Understanding the Sunnah Method and Its Implications

Answered as per Hanafi Fiqh by Muftionline.co.za

Q:

1. A brother divorced his wife once, a talaq baain, then performed a new nikah. After that he divorced her as follows:

I hereby formally issue one talaaq baain to …, on 28/03/1439 (17/12/2017) at 15:22 pm. I also make ta’leeq of another talaaq baain which falls on 28/04/1439, exactly one lunar month from now, thereby completing 3 talaaqs, according to what has been mentioned as the sunnah method of divorcing a pregnant woman. Is this the sunnah method of talaq for a pregnant woman.

2. Is it not repugnant to divorce a pregnant woman? Are there any ahadith for this?

3. After 3 divorces, does the son-in-law have to observe hijaab from his ex-mother in-law and is communication permissible?

Bismillaah

A:

1. The right method is to issue one talaaq and her delivery will terminate the iddat.

2. It is permissible.

3. No.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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