Requiring the wife to be pure for divorce

Abstract

The issue of a husband divorcing his wife falls between the Sharia and the law, and both parties, the husband and wife, are required to have some conditions for the divorce to be valid, which is that the wife at the time of the divorce must be in a state of purity without her husband having intercourse with her. This did not come as absolute, but exceptions were made for it, including those as young as nine years old and those who are desperate. The one who is absent from her is her husband and does not know about her condition and the person with whom he is consummated, since she is not considered to be in the waiting period, even if the jurists differed on this matter, and that the law was silent about this situation and left it to jurisprudence, considering that the issue is legal, so the legislator avoids disagreement with the jurisprudential trend. The issue was not covered from a legal standpoint and the detailed issues were left to jurisprudence, which in turn disagreed on the issue of divorce occurring in cases of purity and menstruation. Muslim jurists differed among themselves regarding the issue of divorce in the case of purity and menstruation. There is no criterion for knowing the wife’s condition other than her claim that she was pure or not at the time of divorce.