['Aalim Network QR] Divorce during Pregnancy

[Mustafa Rawji <mrawji@sciborg.uwaterloo.ca>]

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|       In the Name of Allah, the Compassionate, the All-Merciful       |\
|  Greeting of Allah be upon Muhammad and the pure members of his House |\
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Salaamun alaykum,

	The following question on divorce during pregnancy was kindly 
answered by Shaykh Hamid Mavani.

Wasalaam,

Mustafa Rawji
Moderator, ABDG-A


Question:


According to Ayatullah Khameini/Khomeini,

	I would like to ask a question from a faqeeh regarding a divorce from a
pregnant wife. How long after delivering a baby, can a man divorce his wife?
	What is Quranic ruling about this matter, if specifically explained in
Quran?
	What are Ulamaa saying, in this specific situation?
	I know  the Quran rules that a pregnant woman must be kept at home and 
not to be divorced and be well treated until she has delivered the baby.
	What is the ruling if the wife wants to divorce at or around her
delivery?

Please explain specifically regarding this matter.

Thank you in advance

Answer:
                             Bismihi Ta'ala


According the opinion of our jurists, the divorce formula can be
pronounced at any time while the wife is pregnant.  However, her
waiting period (iddah) will end only upon delivery of the child.  During
her pregnancy, she will observe the waiting period at the house of
her husband and it is not permissible for him to expel her.  Also, if
he dies before she delivers the child, then she will be entitled to
her share of the inheritance. During the waiting period she is entitled
to maintenance from her husband.

See the Qur'anic verses (65:1) and (65:4):
				
		In the Name of Allah, the Beneficent, the Merciful.

Chapter 65 - Talaq (Divorce)

Ayat 1:  O Prophet!  When you divorce women, divorce them for their
prescribed time, and calculate the number of days prescribed, and be
careful of (your duty to) Allah, your Lord.  Do not drive them out of
their houses, nor should they go forth unless they commit an open
indecency; and these are the limits of Allah, and whoever goes beyond the
limits of Allah, he indeed does injustice to his own soul.  You do not
know that Allah may after that bring about reunion. 

Ayat 4:  And (as for) those of your women who have despaired of
menstruation, if you have a doubt, their prescribed time shall be three
months, and of those too who have not had their courses; and (as for) the
pregnant women, their prescribed time is that they lay down their burden; 
and whoever is careful of(his duty to) Allah, He will make easy for him 
his affair. 


	In the period between delivery of the child and before commencement
of the period of nifas, the husband can divorce his wife.  However, with 
the onset of nifas, divorce can not be recited until the woman is free 
from this period.  In both these cases, the period of waiting (iddah) 
will be two menstrual periods after the pronouncement of divorce.  The 
iddah would terminate upon commencement of the third menstrual cycle.


wa bi-l-laahi-t-tawfiq,

Hamid Mavani