The legal consequence when a husband states that any wife who menstruates, or whenever one of them menstruates, her co-wives (darar) are divorced.

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 2

Open in Qurani

Primary text

If the wives claim menstruation has occurred and the husband affirms their claim, each wife is divorced three times (three complete divorces). This pronouncement relies on the affirmation of the husband regarding the occurrence of menstruation, which triggers the stipulated condition for the divorce of the co-wives.

Supporting text

If the husband denies their claim, none of the wives are divorced. If the husband affirms one wife's claim, that wife's co-wives are each divorced once (a single talaq each), but the affirmed wife herself is not divorced because the condition (the menstruation of a co-wife) was not established for her.