Can Talaaq be issued to a woman whilst she is pregnant, in the state of Nifaas or Haidh? 

Q. Is it permissible to issue Talaaq to a woman who is pregnant or just after she gives birth and from when is the Iddah started and calculated?

A. There is no prohibition in issuing a Talaaq to a pregnant woman. However, it is impermissible to issue Talaaq to a woman whilst she is in the state of Nifaas (post-natal bleeding) just as it is impermissible to issue Talaaq to a woman in the state of Haidh (menstrual bleeding).

Nonetheless, if a Talaaq is issued to a woman in the state of Nifaas or Haidh, the husband will be sinful; however, the Talaaq issued will still be valid.

In terms of the Iddah period, a woman must observe the Iddah period of Talaaq from the time the Talaaq was issued regardless of whether it was issued whilst she is pregnant, in the state of Nifaas or Haidh.

If a Talaaq was issued to a woman whilst pregnant, her Iddah period will terminate upon the birth of the child regardless of the length of period.

If a Talaaq was issued to a woman in the state of Nifaas of Haidh, she must observe the Iddah period of three menstrual cycles. However, the first of the three menstrual cycles will be counted from the next cycle of menstruation. (Fataawa Darul Uloom Deoband 9/47)

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

themufti.com