2507. A man who divorces his wife must be adult and sane, and he should divorce of his own free will, therefore, if someone compels him to divorce his wife, that divorce will be void. It is also necessary that a man seriously intends to divorce; therefore, if he pronounces the formula of divorce jokingly, the divorce will not be valid.
2508. It is necessary that at the time of divorce, wife is Pak from Hayz (Menses) and Nifas, and that the husband should not have had sexual intercourse with her during that period. And the details of this will be mentioned in the following ruling.
2509. It is valid to divorce a woman even if she is in Hayz or Nifas in the following three circumstances:
1. If the husband has not had sexual intercourse with her after marriage.
2. If it is known that she is pregnant. And if this fact is not known and the husband divorces her during Hayz, and he comes to know later that she was pregnant, as per recommended precaution, he should divorce her again. However, he should not have any sexual relationship with his wife during the gap of two divorces.
3. If due to the husband’s absence, he is not able to ascertain whether or not she is Pak from Hayz or Nifas.
2510. If a man thinks that his wife is Pak from Hayz and divorces her, but it transpires later that at the time of divorce she was in the state of Hayz, the divorce is void. And if he thinks that she is in the state of Hayz and divorces her, and it is later known that she was Pak, the divorce is in order.
2511. If a person who knows that his wife is in Hayz or Nifas, is separated from her, like when he proceeds on a journey, and wishes to divorce her, he should wait till such time when he becomes sure that his wife must have become Pak from her Hayz or Nifas.
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 Hayz or Nifas, even if that
information is based on her habit, or any other signs known in Shari’ah, and if he cannot acquire information about her state, then he should wait till such time that normally women become Pak from Hayz and Nifas.
2513. If a man has sexual intercourse with his wife during her Pak period, and then wishes to divorce her, he should wait till she enters into Hayz again and becomes Pak. Similarly, if a man has sexual intercourse with his wife, when she is in the state of Hayz or Nifas, then he cannot divorce his wife in the following Pak period, even if he do not have sexual intercourse with her during that Pak period. However, there is no harm, if the wife has not completed her ninth year, or if she is pregnant, or if she is in menopause, she can be divorced after the sexual intercourse.
2514. If a person has sexual intercourse with a woman during her Pak period and divorces her during the same period, and if it transpires later that she was pregnant at the time of divorce, as per recommended precaution, he should divorce her again.
2515. If a person had sexual intercourse with his wife during her Pak period, and then separated from her, like, if he proceeded on journey and wishes to divorce her then, not knowing whether she is Pak or not, he should wait till such time when the wife enters into the state of Hayz and becomes Pak once again.
2516. If a man wishes to divorce his wife who does see blood of Hayz at all because of some disease, he should refrain from having sexual intercourse with her for three months (from the time he has had the intercourse), and then divorce her.
2517. It is necessary that the formula of divorce is pronounced in correct Arabic 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 (agent) to pronounce the formula of divorce, the Wakil should say: Zawjatu Muwakkili Fatima Taliq (Fatima, the wife of my client is divorced).
2518. There is no question of divorce in the case of a woman with whom temporary marriage is contracted, for example, for one month or one year. She becomes free when the period of her marriage expires or when the man forgoes the period of her marriage by saying: “I hereby exempt you from the remaining time of marriage”, and it is not necessary to have a witness nor that the woman should be Pak from her Hayz.