Question Summary:
Can a pregnant woman get divorce?

Question Detail:

Can a pregnant woman get a divorce? As salaam alaykum, I'm currently 5 months pregnant, and am in constant dispute with my husband. We've been married a year only and this is my second marriage. My husband and I fight daily on small issues and sometimes religious and treats me like trash. I'm so heartbroken everyday, even sometimes want to take my own life because I dont wanna be a divorcee again. People might think I'm the problem but don't know what I'm enduring. Can ask for a divorce while pregnant? What's the ruling regarding a pregnant woman getting a divorce? Jazzak Allahu khayran!

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
We take note of your past and present marriage. We understand the consequences of divorce and your fear of another divorce. You are young in this marriage. Your pregnancy is an indication of the success of your marriage.
We advise you to identify a person you could confide in to discuss the types of disputes between you and your husband. Let the person honestly analyse the issues and advice you of effective ways to overcome the disputes.
Be positive and determined to make this marriage successfull.Do not consider or ask for divorce. The thought of divorce is an expression of a negative mind set. Change your mind set and move forward. Failure in life is not to fall, but to avoid waking up after the fall. We advise you to make dua to Allah and to adopt all possible means to make your marriage successful.
You enquire whether a pregnant woman can ask for divorce and get a divorce. In the context of your situation, you should consider the above mentioned advices. If you did not adopt all possible means to resolve the disputes, it would be irresponsible of you to seek divorce.
However, divorce issued during pregnancy is valid. {1}[i]
And Allah Ta’āla Knows Best
Ridwaan Ibn Khalid Esmail (Kasak)
Student Darul Iftaa
Katete, Zambia
Checked and Approved by,
Mufti Ebrahim Desai.