The Ruling on Contracting a Marriage With a Menstruating Woman

Question :

I am a young girl whose marriage contract to a young man was written some time ago, and it happened that on that day I had my monthly period, but I did not agree until I had asked the Mumallik, whether a contract in such circumstances was permissible or not. The Mumallik replied that it was permissible, but I am not convinced by this. contract, so I request your advice as to whether the contract is correct or not. And is it necessary for me to repeat it, in case it is not valid? Advise me.

Answer:

A contract of marriage made upon a woman when she is menstruating is permissible and correct and there is no objection to it. This is because the essence in the matter of contracts is that they are permissible and correct, unless there is some evidence for their prohibition and there is no evidence for the prohibition of contracting marriage to a woman when she is menstruating. And if the case is thus, then the aforementioned contract is correct and there is no objection to it. And at this. point we must know the difference between a marriage contract and a divorce. Divorce is not permissible at the time of menstruation; indeed, it is forbidden. And the Messenger of Allah was angry at it, when he was informed that 'Abdullah bin 'Umar bin Al-Khattab, may Allah be pleased with them, divorced his wife when she was menstruating. The Prophet ordered him to return her and to leave her until she was purified, then she menstruated and was purified, then, if he wished, to hold onto her or to divorce her, which is in accordance with the Words of Allah, the Almighty, the All- Powerful:
"O Prophet ()! When you divorce women, divorce them at their 'Iddah (prescribed periods) and count (accurately) their 'Iddah (periods). And fear Allah your Lord (O Muslims). And turn them not out of their (husband's) homes nor shall they (themselves) leave, except in case they are guilty of some open illegal sexual intercourse. And those are the set limits of Allah.

And whosoever transgresses the set limits of Allah, then indeed he has wronged himself."

So it is not permissible for a man to divorce his wife when she is menstruating, nor to divorce her during her purified period when he has had sexual intercourse with her, unless it becomes clear that she is pregnant; and if it becomes clear that she is pregnant, then he has the choice to divorce her when he wishes, and then divorce will take place.

It is very strange that it has become common among the general populace that a pregnant woman may not be divorced and this is not correct. The divorce of a pregnant woman is correct and it is the clearest type of divorce, which is why it is permissible for a person to divorce a pregnant woman, even if he has had sexual intercourse with her recently as opposed to the woman who is not pregnant, because if he has had sexual intercourse with her, he must wait until she menstruates, then becomes purified, or it becomes clear that she is pregnant; and Allah, the Almighty, the All-Powerful has said in Surah At-Talaq:
"And for those who are pregnant (whether they are divorced or their husbands are dead), their 'Iddah (prescribed period) is until they lay down their burden."

- and this is a clear evidence that the divorce of a pregnant woman is correct. And in some versions of the Hadith of Ibn 'Umar, may Allah be pleased with them, it was said:
"Order him that he must return her, then divorce her when she is purified or pregnant".

And if it is clear that the contract of marriage to a menstruating women is permissible and correct, then I consider that he should not take up residence with her before she is purified, because there is a danger that he may fall into the commission of a prohibited act at the time of menstruation, because he might be unable to control himself, especially if he is a young man. So he should wait until she is purified and take up residence with his wife while she is in a state in which he may have sexual intercourse with her. And Allah knows best.