Sunni · Compare this tradition with another

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

no name given · Jamiatul Ulama KZN – Council of Muslim Theologians (Suedafrika) · 2026-10-06 · Durban · Source

Pronouncing Talaaq during Haidh or Nifaas is impermissible and sinful, but valid; during pregnancy it is permissible in principle, but should be avoided out of consideration and because of possible hormonal influences, with the Iddah in any case beginning from the moment of pronouncement and

It is impermissible to pronounce Talaaq on a woman in the state of Nifaas (postpartum bleeding), just as it is impermissible to pronounce Talaaq on a woman in the state of Haidh (menstrual bleeding).

The text is an Islamic legal fatwa from the Hanafi school of Fiqh that deals with the permissibility of the divorce (Talaaq) of a pregnant or recently postpartum woman. It distinguishes between the state of Haidh and Nifaas, in which pronouncing Talaaq is impermissible, and pregnancy, in which it is permissible in principle. If divorce is nevertheless pronounced in impermissible states, the man sins, but the divorce remains valid. The Iddah period begins at the time of pronouncement regardless of the state. In the case of pregnancy, the Iddah ends with the birth. For menstruating women, three cycles are counted, with the first cycle beginning from the next cycle if the pronouncement is made during Haidh or Nifaas. The text relies on Fataawa Darul Uloom Deoband and is published by the Fatwa Department of the Jamiatul Ulama (KZN) in Durban, South Africa. A Hadith from Sunan Abi Dawud is cited as a warning against divorce without cause.

What, according to this text, is the root of the evil?

Sin, personal failure, guilt before God

Where does the evil reside?

in the heart, the will, or the soul of the individual

What helps against it?

keeping the commandments, maintaining order, fulfiling one's duties; insight, learning, enlightenment, right understanding

What is human being according to this text?

willed by God, with a task and a responsibility

Where is history heading?

the message stands outside of history

What does the text base its claim on?

on the founder or prophet of the tradition; on tradition, the fathers, an established practice

To whom does the text's call for devotion apply?

to one's own fellow believers

Where is the text's criticism directed?

at one's own community and at oneself

• Zurückhaltung üben und keine Scheidung während der Schwangerschaft aussprechen (interpersonal)
• Iddah-Frist ab dem Zeitpunkt des Aussprechens beobachten (ritual)
• Der Ehefrau in der Schwangerschaft Zuneigung erweisen (interpersonal)

Sunan Abi Dawud (Hadith von Thawbaan)

Basic stance

0 from -2 to 2

Insistence

1 of 3

Reach

2 of 5

Concreteness

3 of 3

Boundary

0 of 3

Time

past 1, present 2, future 1

Analysed with qwen3.8-27b, version v3. The same standards apply to every tradition, see Values.