Can You Give Talaq During Pregnancy? Read This Explanation!

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Hi, dear readers! Are you looking for an explanation of "Can you give talaq during pregnancy?" If your answer is "Yes," then congratulations! You are reading the right article. Why? Because this article will provide a detailed explanation of that topic.

As Muslims, it is essential to understand this matter, which is why I have written this article. So, make sure to read it until the end.

Specifically, I will explain two key points regarding "Can you give talaq during pregnancy?" These points are:

  • Is it permissible to give talaq during pregnancy?
  • How to give talaq during pregnancy?

Let's start with the first point.

Can You Give Talaq During Pregnancy?

The first crucial point to discuss is whether giving talaq during pregnancy is allowed in Islam. Before answering this, I will first present a hadith that is directly related to this topic.

The Benefits of Marrying a Divorced Woman in Islam

Hadith About Talaq During Pregnancy

The hadith that relates to talaq during pregnancy is as follows:

عَنْ عَبْدِ اللهِ بْنِ عُمَرَ رَضِيَ اللهُ عَنْهُمَا : أَنَّهُ طَلَّقَ امْرَأَتَهُ وَهِيَ حَائِضٌ عَلَى عَهْدِ رَسُوْلِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ [تَطْلِيْقَةً وَاحِدَةً] ، فَسَأَلَ عُمَرُ بْنُ الْخَطَّابِ رَضِيَ اللهُ عَنْهُ رَسُوْلِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنْ ذَلِكَ ، (فَتَغَيَّظَ رَسُوْلُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ ثُمَّ) قَالَ رَسُوْلُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ : (مُرْهُ فَلْيُرَاجِعْهَا ، ثُمَّ لْيُمْسِكْهَا حَتَّى تَطْهُرَ، ثُمَّ تَحِيْضَ ، ثُمَّ تَطْهُرَ ، ثُمَّ إِنْ شَاءَ أَمْسَكَ بَعْدُ ، وَإِنْ شَاءَ طَلَّقَ قَبْلَ أَنْ يَمَسَّ ، فَتِلْكَ الْعُدَّةُ الَّتِيْ أَمَرَ اللهُ أَنْ تُطَلَّقَ لَهَا النِّسَاءُ . مُتَّفَقٌ عَلَيْهِ . وَفِيْ رِوَايَةٍ لِمُسْلِمٍ قَالَ : مُرْهُ فَلْيُرَاجِعْهَا ، ثُمَّ لْيُطَلِّقْهَا طَاهِرًا أَوْ حَامِلًا

From Abdullah ibn Umar (رضي الله عنهما), he divorced his wife while she was menstruating during the time of the Messenger of Allah (SAW). His father, Umar bin Khattab (رضي الله عنه), asked the Prophet (SAW) about this, and the Prophet (SAW) became angry. He then said, "Tell him to take her back (revoke the talaq), then wait until she becomes pure (completes her menstruation), then she menstruates again and becomes pure. After that, if he still wishes to divorce her, he may do so before having relations with her. That is the prescribed waiting period that Allah has commanded for women to be divorced." (Muttafaqun 'Alayh – agreed upon by Al-Bukhari and Muslim). In another narration by Muslim, the Prophet (SAW) said, "Tell him to take her back and then divorce her when she is pure or pregnant."

This hadith clearly indicates that talaq should not be given during menstruation. However, if a woman is pregnant, talaq can be given.

So, can you give talaq during pregnancy?

Yes, talaq during pregnancy is permissible in Islam. The hadith above explicitly mentions that a husband can divorce his wife when she is either pure (not menstruating) or pregnant.

How to Give Talaq During Pregnancy?

The second important point is how talaq should be given during pregnancy.

Before proceeding, I recommend reading my previous article on "What does talaq mean in Islam?" If you haven't read it, I highly suggest doing so to better understand this discussion.

In that article, I explained that talaq is the termination of the marriage contract through specific words or any statements that indicate divorce. Another definition of talaq is annulling the marriage contract (aqd an-nikah) with either explicit or indirect words (metaphors or implied statements) with the intention (niyyah) of talaq.

Once we understand the meaning of talaq, we can conclude that talaq during pregnancy can be performed in the following ways:

  1. Verbally stating talaq to the wife with the intention of talaq.
  2. Sending talaq through written text (such as a message or letter) with the intention of talaq.

Conditions for a Valid Talaq

A few important conditions must be met for talaq to be valid:

  • The husband must be mature (baligh) and of sound mind.
  • He must be fully aware that he is giving talaq.
  • He must not be under any coercion or force, unless compelled by an Islamic court.

These conditions ensure that talaq is given correctly according to Islamic teachings. I have explained these points in detail in several previous articles.

Conclusion

In summary, talaq during pregnancy is permissible in Islam, as confirmed by the hadith of Abdullah ibn Umar. However, it must be given properly, following the Islamic guidelines for talaq.

Do you have any questions? Feel free to ask!

I hope this article is beneficial. May Allah guide us all. Ameen.

See you in the next article!

Akhmad Syafiuddin
Akhmad Syafiuddin An expert in Islamic discourse and law, and a graduate of Al-Azhar University, Cairo, Egypt.

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