𝗪𝗼𝗺𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (636)

Divorce During Menses Question: A new sister in Islam (a female migrant) has two young children and a baby. Her husband has divorced her with the third divorce. Her husband claims to be Salafi, but he used to look down on her and emotionally mistreat her, and he made her live in very difficult circumstances. He used to tell her that she was the worst of women. He frequently threatened her with marrying another wife, saying that he would marry three women in order to torture her. He constantly threatened her with divorce and told her that no man could tolerate her. The sister did not have a guardian (wali). The man who took responsibility for her marriage contract did not want to take responsibility; he was only her guardian at the time of the marriage. The sister does not know anyone who can help her, and she is now alone with three children in a Muslim country. Her husband also damaged her reputation among the preachers, and no one came to hear her side of the story. If she returns to her original country and her non-Muslim family, she will be forced to put her children in schools there. There is a great risk that social services will interfere and take her children away from her, because they monitor the children of new Muslim women and take them away easily and quickly. The second time he divorced her, she was also menstruating. What do you advise her to do in this situation? She was menstruating when he divorced her, so is this divorce valid and considered final (as the third divorce), or not? The sister wants to request khulʿ because she is no longer able to give him his rights. Is she allowed to do that? Shaykh Najib Ash-Shar‘abi, may Allah preserve him, said: And peace and the mercy and blessings of Allah be upon you. May Allah relieve her hardship and replace it with something better. The divorce of a woman while she is menstruating is valid according to the correct opinion. The three divorces make her permanently separated from him, so she is not lawful for him afterwards until she marries another husband. However, if he was in a state of extreme anger at the time of the divorce, then the divorce does not take place. And assuming that his divorce is not valid, if she wishes to seek khulʿ from him because of his bad character, then she has the right to do so. I advise her to frequently turn to Allah, supplicate to Him, and ask Him to grant her relief. Source: https://t.me/BOT_9_9_1/32946 https://t.me/womensbenefits/1830