The World Federation One Stop Fiqh

Ruling 2518

The divorce of a woman who is in the state of ḥayḍ and nifās is valid in the following three cases: 

  1. since getting married, her husband has not had sexual intercourse with her;
  2. she is known to be pregnant. If she is not known to be pregnant and her husband divorces her while she is in the state of ḥayḍ and she later realises she was in fact pregnant, the divorce is void (bāṭil). However, it is better that precaution be observed here, albeit by means of another divorce.
  3. the man is unable to determine whether or not his wife is clear of ḥayḍ or nifās owing to his absence or some other reason, even if that be because his wife is hiding. However, in such a situation, based on obligatory precaution (al‐iḥtiyāṭ al‐wājib), the man must wait at least one month from the time of separation from his wife and then divorce her.