Is it permissible to issue Talaaq to a woman who is pregnant or just after she gives birth?

Nasihah (Advice): Only request Talaaq for a valid reason

Sayyiduna Thawbaan Radiyallahu anhu reported that Rasulullah sallahu alaihi wa sallam said, “Any woman who asks her husband for a divorce without a valid reason, the fragrance of Paradise becomes forbidden for her.” (Sunan Abi Dawud)

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Question and Answer:

1. Is it permissible to issue Talaaq to a woman who is pregnant or just after she gives birth and from when is the Iddah started and calculated?

1. A. It is impermissible to issue Talaaq to a woman whilst she is in the state of Nifaas (post-natal bleeding) just as it is impermissible to issue Talaaq to a woman in the state of Haidh (menstrual bleeding).

Nonetheless, if a Talaaq is issued to a woman in the state of Nifaas or Haidh, the husband will be sinful but the Talaaq issued will be valid.

In principle, there is no prohibition in issuing a Talaaq to a pregnant woman. However, one should consider exercising restraint and not issuing a divorce at that time as she may be experiencing hormonal imbalance due to the pregnancy. Furthermore, she is carrying your child and you need to show some affection to her in that state. In addition, issuing a divorce during the pregnancy of one’s wife may prolong the Iddat period as well.

In terms of the commencement of the Iddah period, a woman must observe the Iddah period of Talaaq from the time the Talaaq was issued regardless of whether it was issued whilst she is pregnant, in the state of Nifaas or Haidh.

If a Talaaq was issued to a woman whilst pregnant, her Iddah period will terminate upon the birth of the child regardless of the length of period.

In regards to the calculation of the Iddah period for a menstruating woman, she must observe a complete Iddah period of three menstrual cycles. However, if the Talaaq was issued during Nifaas or Haidh, the first of the three menstrual cycles will be counted from the next cycle of menstruation. (Fataawa Darul Uloom Deoband 9/47) 

And Allah Ta’ala Knows Best

Mufti Muhammed Hamza Farooqui

Mufti Taahir Hansa

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

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