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The question

What is the ruling regarding a man divorcing his wife during her menstrual period under pressure from his first wife, knowing that divorce is not permissible except during a period of purity in which he has not had intercourse with her, and his claim that it was a temporary divorce which he then denied, followed by his swearing upon the Holy Quran that he did not divorce her, while the first wife and another person confirmed the occurrence of the divorce?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Divorce during menstruation is unanimously forbidden (haram), and it is effective (binding) according to the majority of scholars. The one who performs it incurs sin if he was aware of its prohibition. Divorce is not established except by the husband's admission or the testimony of two just witnesses. If the husband denies it and no evidence is presented, then the claim of divorce is not established. If the wife knows the reality of her husband divorcing her, it is not permissible for her to allow him intimacy except after he has taken her back (revoked the divorce). Revocation can be by word or deed with the intention, and it is recommended to have witnesses for it. We advise the questioner to refer her case to the Sharia court judge if there is a dispute regarding the establishment of the divorce.

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Ftawy
Original fatwa ID
56906
Imported
Translation status
Source text, unreviewed
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