What constitutes forbidden divorce (*Talaq al-Bid'ah*)?

General Chapter

Al-Mughni

Book of Divorce

Book 39 · Issue 3 · Bab 1

Open in Qurani

Primary text

Divorce is forbidden when pronounced during the wife's menses or during a period of purity in which the husband has engaged in intercourse with her. Scholars across all regions and times agree on the prohibition of this type, which is termed the innovation-based divorce (*Talaq al-Bid'ah*) because it contravenes the Sunnah and the command of Allah and His Messenger. The prohibition stems from the command to divorce 'for their prescribed period' (Quran 65:1) and the narration specifying that divorce should occur in a state of purity following menstruation, before consummation. Divorce during menses prolongs the waiting period as that menstruation and the subsequent purity may not count towards the *Iddah*. Divorce during a period of purity after consummation risks the wife being pregnant, leading to regret and uncertainty regarding whether the waiting period follows pregnancy or the menstrual cycles.