Issue 2512...

Issue 2512: * If a man who is separated from his wife wishes to divorce her and can acquire information as to whether or not she is in the state of Haidh or Nifas, even if that information is based on her habit, or any other signs known in Shariah, if he divorces her and later finds out that his information was wrong, the divorce will be void.

Issue 2513: * If a man has sexual intercourse with his wife during her Clean (tahir/pak) period, and then wishes to divorce her, he should wait till she enters into Haidh again and becomes Clean (tahir/pak). But if the wife has not completed her ninth year, or if she is pregnant, she can be divorced after the sexual intercourse. The same rule applies to a wife in menopause. The meaning of menopause has been explained in rule no. 2457).

Issue 2514: * If a person has sexual intercourse with a woman during her Clean (tahir/pak) period and divorces her during the same period, and if it transpires later that she was pregnant at the time of divorce, the divorce will be void. As a recommended precaution, he should divorce her again.

Issue 2515: * If a person had sexual intercourse with his wife during her Clean (tahir/pak) period, and then separated from her, like, if he proceeded on journey and wishes to divorce her then, not knowing whether she is Clean (tahir/pak) or not, he should wait till such time when the wife enters into the state of Haidh and becomes Clean (tahir/pak) once again. And, as an obligatory precaution, this period should not be less than one month.

Issue 2516: * If a man wishes to divorce his wife who does see blood of Haidh at all by habit, or because of some disease, while other women of her age habitually see Haidh, he should refrain from having sexual intercourse with her for three months from the time he has had the intercourse, and then divorce her. Issue 2517: * It is necessary that the formula of divorce is pronounced in correct Arabic using the word “Taliq”; and two just ('Adil) persons should hear it.

If the husband wishes to pronounce the formula of divorce himself and his wife's name is, for example, Fatima, he should say: Zawjati Fatima taliq (i.e. my wife Fatima is divorced) and if he appoints another person as his Wakil to pronounce the formula of divorce, the Wakil should say: Zawjatu muwakkili Fatima taliq (Fatima, the wife of my client is divorced). And if the woman is identified, it is not necessary to mention her name.