Waiting period of a woman who was divorced during menses Fatwa No: 235495
- Fatwa Date:18-2-2014
Asallam u Alaikum, if a woman's menstrual blood/period began a minute before husband gave divorce or any other issue that requires waiting for iddah to end, does that cycle that just began count as one cycle of iddah or does she have to wait for this cycle to end and another 3 more cycles ?
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His Slave and Messenger. If a woman is divorced during her menses, that menstrual cycle does not count in her waiting period. Therefore, a divorced woman should observe a waiting period of three menstrual periods besides this menstrual cycle. Ibn Qudaamah said in Al-Mughni: “The menses during which the woman is divorced is not counted in her waiting period and there is no difference of opinion among the scholars on this issue.” It should be mentioned that divorce during menses is an innovative divorce [that is not according to the Sunnah] and it is forbidden, and whoever did it is required to sincerely repent. Nonetheless, divorce during menses does in fact takes place according to the view of the majority of the scholars. For more benefit, kindly refer to Fataawa 81864and 238750. Allaah Knows best.