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Talaaq during haydh

Fatwaa ID: 1731

Question:
If someone is given talaq in her hayd, would it be counted and would her iddah end after 3 hayd including the one given divorce in?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

  1. Talaaq issued during haydh is valid and binding. However, this is reprehensible as it unnecessarily prolongs the ‘iddah period. The husband will be sinful.
  2. If talaaq is issued while the wife is on haydh, then that haydh period will not be included in the ‘iddah count. Rather, the count of three will start from the next haydh period thereafter.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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