Divorce While Pregnant?

Muslim woman and baby on beach

Question:

My husband divorced me while I was pregnant. Then before I gave birth to my child he came back and said that we are not divorced since pregnant women can’t be divorced. So I would like to know am I really divorced or not? My husband and I love each other very much and now we have a baby son. Please do reply to me as soon as possible.

Answer:

Praise be to Allaah.

Shaykh Ibn Baaz (may Allaah have mercy on him) was asked whether a woman may be divorced by talaaq when she is pregnant. He said:

This is an idea which is common among some people. Some of the people think that a pregnant woman cannot be divorced by talaaq. I do not know where they get this idea from, for it has no basis in the words of the scholars. Rather the view of all the scholars is that a pregnant woman can be divorced by talaaq. There is consensus on this point among the scholars, and there is no dispute. Talaaq according to the Sunnah means that a woman may be divorced in two cases:

1 – She may be divorced when she is pregnant; this is a Sunnah divorce and is not bid’ah.

2 – She should be taahir (pure, i.e., not menstruating) and her husband should not have touched her (i.e., had intercourse with her), i.e., she should have become taahir following menstruation or nifaas (post-natal bleeding) and before he has intercourse with her. Talaaq in this case is in accordance with the Sunnah.

Fataawa al-Talaaq by Shaykh Ibn Baaz, 1/45-46

So long as he took her back during the ‘iddah, then she is still his wife, because the ‘iddah of a woman who is pregnant ends when she gives birth, and her husband took her back before she gave birth. Allaah says (interpretation of the meaning):

“And for those who are pregnant (whether they are divorced or their husbands are dead), their ‘Iddah (prescribed period) is until they lay down their burden.”

[al-Talaaq 65:4]

This is the ‘iddah of the pregnant woman whether she is divorced or widowed. The husband should count this as one talaaq. And Allaah knows best.

Source: Islam Q&A
Sheikh Muhammed Salih Al-Munajjid

Tagged as: , ,

Divorce

4 Comments

  1. I was marryd for a month an was pregnant I loved my.
    My husbin bt he chose drugs he gave me 1talak to my face an
    The second ova the fone wen we talkd I was in hospilal at that
    Time an then he vizit me a week before I gave birth an wen I gave birth he never came to see me or the baby for a month is my talak thrue an am I talakd my boy is 1 an he never gave me a 3rd talak am I talakd coz I cnt go on nt noing wats the ryt way shukran asala wu alakom

    • gadija, Islam does not require 3 talaqs. In fact it is an innovation and a wrong practice. One talaq alone is sufficient. If your ‘iddah was completed and no reconciliation took place, then you are divorced.

      Wael
      Zawaj.com Editor

Leave a Response

Time limit is exhausted. Please reload the CAPTCHA.