And the same order applies if the woman is menopause (Yaisa).
And the same order applies if the woman is menopause (Yaisa). For details see Article 441. 2514. If a person has sexual intercourse with a woman who is pure of the blood of menses and lochia and divorces her during the same purity but it transpires later that she was pregnant at the time of divorce, he should, on the basis of obligatory precaution divorce her again. 2515.
If a person has sexual intercourse with his wife who is pure of menses and lochia blood, and then proceeds on a journey and wishes to divorce her while journeying, he should wait for as much time as the woman usually takes for menstrual discharge and becomes pure once again after that purity, and the obligatory precaution is that this period should not be less than one month. 2516.
If a man wishes to divorce his wife who does not have menstrual discharge by nature or because of some ailment, he should refrain from having sexual intercourse with her for three months from the time he has had the last intercourse and then divorce her. 2517. It is necessary that the formula of divorce should be pronounced in correct Arabic using the word "TALAQ" and two just (Aadil) persons should hear it.
In case, however, the husband wishes to pronounce the formula of divorce himself and his wife's name is, for example, Farida, he should say: Zawjati Farida taliq (i.e. my wife Farida is divorced) and in case he appoints another person as his representative to pronounce the formula of divorce, the representative should say: Zawajtu muwakkili Farida taliq (Farida, the wife of my client is divorced). And, in case the woman is specified it is not necessary to mention her name. 2518.
There is no question of divorce in the case of a woman with whom fixed time marriage is contracted, for example, for one month or one year. She can become free when the period of her marriage expires or when the man forgoes the period of her marriage saying to her: "I hereby excuse the remaining time of marriage" and it is not necessary that any one should be called to witness or that the woman should be pure of menses.
Iddah Of Divorce (It means period during which a divorced woman cannot many another man or waiting period of divorce). 2519. A girl who is under nine, and a menopause woman (See. Article No. 441) are not required to observe any waiting period. It means that, even if such a woman is divorced by her husband after having sexual intercourse with her, she is free to many another man immediately. 2520.