Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Assalamualaikum My Dear Brother,

I have a simple question. Can a women divorce her husband while she is pregnant????????

Thank you 

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Answer:

Can wife divorce when pregnant

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

The state of the pregnancy of the wife has absolutely no bearing or relation to her right to exercise her option to seek or initiate a divorce proceedings against her husband in Islam, if indeed she wishes to do so.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 227-228:

227 But if their intention is firm for divorce Allah heareth and knoweth all things.

228 Divorced women shall wait concerning themselves for three monthly periods nor is it lawful for them to hide what Allah hath created in their wombs, if they have faith in Allah and the Last Day.

The state of the pregnancy of the wife has a direct bearing on the period of ‘iddah’ or waiting period after a divorce has been pronounced. When a divorce is pronounced, the ‘iddah’ or waiting period of the wife who is not pregnant is her three menstruation periods; but if she is pregnant, her period of ‘iddah’ is until she delivers the baby.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan