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Topic #51: Divorce during pregnancy in Islam, is it permissible?


Divorce during pregnancy in Islam, is it permissible? [wife seeking divorce; divorce in islam while pregnant; divorce while pregnant islam; pregnancy divorce in islam; islam divorce during pregnancy; pregnancy main talaq; talaq during pregnancy]


Allah says in the Qur'an chapter 65 verse 4:

"Such of your women as have passed the age of monthly courses for them the prescribed period (of divorce iddah) if ye have any doubt is three months, and for those who have no courses (it is the same): for those who carry (life within their wombs) their period is until they deliver their burdens: and for those who fear, Allah He will make their path easy"
Muslim (1471) narrated the story of how Ibn ‘Umar divorced his wife, in which it is narrated that the Prophet (peace be upon him) said: “Tell him to take her back then divorce her when she is pure (i.e., not menstruating) or is pregnant"

Ibn al-Qayyim said in Tahdheeb al-Sunan:

The words “then divorce her when she is pure (i.e., not menstruating) or is pregnant” indicate that divorcing a pregnant woman is in accordance with the sunnah.

Yes, it is permissible in Islam to divorce a woman, or for the woman to seek divorce during pregnancy. If the woman is pregnant, her iddah or waiting period of the divorce (instead of the normal three menses periods) will be until the time she has delivered the baby, regardless whether the time is one day or 8 months; as soon as she delivers the baby, the iddah or waiting period will be considered served.


And Allah knows best!

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