Issuing a talaaq while the wife is in haidh

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: During an argument between me and my wife, I got very angry and said “Mein tumko talaq deta hu aur yeh tumhara pehla Talaq hai”. Now I regret my mistake and want to take it back. I wanted to understand what is the process for the same. Also I have been reading that if the woman is menstruating, Talaq is not valid.

Bismillaah

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A: It is not permissible to issue the talaaq while the wife is in her menses. However, if the husband issues the talaaq, the talaaq will take place. The husband should sincerely repent for committing this sin and revoke the talaaq during the iddat period by saying to the wife that I am revoking the talaaq and keeping you in my nikaah.

If the husband does not revoke the talaaq and the iddat period passes, then it will not be possible for the husband to revoke the talaaq. However, if both wish to reunite then a new nikaah will have to be performed with a new mahr.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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