The ruling on divorce during menstruation from the perspective of jurisprudence and medicine

 Establishing and maintaining the family unit in order to preserve the generation and respond to one of the innate human needs is one of the five purposes and necessities of Sharia. Although the principle in marriage contract is to preserve it and prevent the dissolution of the family unit, but this does not mean giving in to married life under any circumstances and divorce is a solution to end this legal system and married life which should be used at the appropriate time without harming the woman. One of the issues disputed by jurists is the correctness of divorcing during woman’s menstruation. A detailed review and analysis of the proponents and opponents’ reasons as well as paying attention to the emotional and psychological conditions of the couple at this time, leads to choosing the correct view.

 This descriptive analytical study tries to examine the divorce decree and the effect of menstruation on it from the perspective of jurists and medical science and to answer some important questions in this field such as the effect of time and emotional and psychological conditions of couples in using the right to divorce.

 The majority of jurists believe that the general decree of divorce is abhorrent according to religious texts and its negative effects, and the use of this right should be done at the appropriate time and under certain conditions. One of these conditions is its non-occurrence during menstruation, which medically has effects such as mood instability, anger, forgetfulness, difficulty concentrating, and dysfunction in the daily life of the woman and the physical, mental and psychological condition of the wife and balance of her behavior can influence the couple's decision. Major jurists consider divorce to be forbidden at this time, but it is correct, while according to religious texts and medical data, it should be said that divorce is forbidden in such a situation and does not take place.