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Family & Marriage
If a man says divorce you three times to his wife in anger on the phone at the time of her monthly period, is it valid?
Firstly, with regards to saying a divorce on the phone: is a divorce on the phone valid? And the answer is yes, Islamically it will be valid if it's verbal. It is valid if it's written, for example in an email or text message, that would still potentially count. And the next aspect is: is it valid if the female is on her menstrual cycle? According to the majority of scholars, yes it is valid. There is a second view; Ibn Taymiyyah has a view which is that it's not valid, but according to the overall majority of scholars it is a valid divorce. The last part in terms of he mentioned it three times: does three times repeating it, 'I divorce you, I divorce you, I divorce you', does that count in one sitting as one talaq or would it count as three separate talaqs? This is where the scholars differ, and this is why it's really important that for any individual case, I always advise going to your local sharia council who can go through the exact context, the details of exactly what was said, the exact intention, and then give a specific ruling with regards to this.