Praise be to God, and prayers and peace be upon the Messenger of God, Muhammad Ibn Abdullah Ibn Abd al-Muttalib, whom God sent with the truth as a messenger to be good tidings and a warner to the worlds, and his mercy to all worlds. And from his Sunnah, may God’s prayers and peace be upon him and from Quran to learn about the provisions and rules of this topic, which is divorce during pregnancy.
Table of content
The wisdom of the legality of divorce
The divorce system in Islamic Sharia is one of its great advantages, and evidence of its realism and its great keenness to achieve the interests of people. Or what is in it that may lead to differences and resentment between people in general and spouses in particular.
And these differences may be so difficult that it is difficult with them to find a permanent solution and understanding, so the solution then is in the separation of the spouses and the dissolution of the marital bond between them, and the interest in this Separation is greater and more certain in the interest of maintaining the marriage between them, and for this reason, God Almighty legislated divorce and permitted it in Islamic legislation.
Here, we will learn together about some of the matters and provisions related to the divorce of a pregnant woman, and these are the most prominent elements of this article
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Does a pregnant woman get divorced?
Yes, it is permissible to divorce the wife during pregnancy if the pillars of divorce are completed, and there is nothing in the Shariah to prevent this, and this is a consensus among scholars and there is no dispute.
The ruling of divorce during pregnancy.
Some people think that a pregnant woman does not get divorced from her husband, although this saying has no basis in the view of scholars, except that it occurs without dispute, and they quoted as evidence for that what the Messenger, may God bless him and grant him peace, said to Ibn Umar, may God be pleased with them, when he divorced his wife while she was menstruating, (Order him to take her back, then let him divorce her if she is pure or pregnant).
What is clear in this hadith is that the Messenger, may God’s prayers and peace be upon him, made the divorce of a pregnant woman the same as the divorce of a pure woman, which indicates that the divorce during pregnancy is a legitimate matter and there is nothing wrong with it.
Read also: Is the Hijab compulsory in Islam?
What is the kit for divorced women during pregnancy?
The waiting period of a divorced pregnant woman and her husband’s death,
The four schools of thought agree that the waiting period of a pregnant woman whose husband has died ends with the delivery of pregnancy, as well as a divorced pregnant woman without her husband dying.
And that is explicit in the Holy Qur’an since the verse did not differentiate between the deceased husband or the divorced woman during pregnancy, God said,
«وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّ»
which means that(For pregnant women, their waiting period ends with delivery).
Conclusion
Divorce occurs during pregnancy, and there is no dispute in that. The waiting period of a pregnant woman ends with the delivery of the pregnancy at all, even if the delivery was a moment after the separation, provided that the pregnancy is apparent in all or part of its nature; Because in this case he will be a boy
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