Question #13-80 What are the conditions to divorce in Islam?

Question:

What are the conditions to divorce in Islam? Can a man divorce his wife if she s pregnant?

Answer:

In the name of Allah the Ever-Merciful.

To divorce  a woman in Islam is to say clearly with Nyat (Intention) “Anty Talek” -(Go you are divorced) and you need no witnesses.

The divorced woman will be in Eddah until she has cleaned from the menses three times (surah 2:228). If the woman is pregnant, then the eddah will end when the child is born. (please read surah Al-Talaq (65:4)

She doesn’t need  or should not  leave her house because she wil be still his wife until the eddah  has expired.

The husband is allowed to take her back during the time of eddah and  even without any approval from her. If she doesn’t want him and wants to be free from him, then she will have to wait until the eddah expires; then the divorce would be effective.

If they want to come back together after the divorce, they would have to have a new contract of marriage with Dowry, Wali and witnesses as it was done in the first marriage.

Allah knows best.

Skh Mostafa

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