What are the consequences if the husband or his representative returns to divorce after the court has issued a ruling for an absentee divorce due to harm, especially since the divorce was a khulwa before consummation? Is it permissible to adopt the ruling of the Shafi’i school of thought regarding the waiting period (iddah) without referring back to the judge and the court, and can the full dowry and maintenance for the period of the husband’s absence be claimed?

If the court rules that the divorce takes effect one month after its announcement in the newspaper, and the husband divorces during this period (either directly or through an agent), then his divorce is effective and is considered an irrevocable divorce (Talaq Bain) because it occurred before consummation. There is no waiting period (iddah) for the wife, and the court's ruling after that has no effect.

If the month passes and the husband does not initiate the divorce, then the court's divorce ruling becomes effective, and the judge's ruling resolves the dispute, meaning you are not permitted to adopt another legal opinion that contradicts the judge's ruling. The divorce here is considered irrevocable (Bain) according to the Maliki and Shafi'i schools of thought because it occurred before consummation and because it was ruled by the judge. The prescribed waiting period (iddah) according to the Maliki school is obligatory if there was seclusion (khalwah), but reconciliation (raj'ah) is not permissible, nor can another divorce be issued if the husband affirms that no sexual intercourse occurred.

The ruling on divorce is detailed according to the two schools of thought: Malikis: The wife of an absent husband has the right to seek a divorce due to lack of maintenance or harm from his absence. A judge's divorce, according to them, is considered irrevocable (Bain) except in cases of ila' (vow of abstinence) or inability to provide maintenance. If the seclusion (khalwah) involved the spouses being alone with doors closed, then the waiting period (iddah) becomes obligatory according to the Malikis, but reconciliation (raj'ah) is not permissible after the divorce if the spouses do not agree that sexual intercourse occurred.

Shafi'is: The marriage may be annulled due to harm to the wife from lack of maintenance. Legal seclusion (khalwah shar'iyyah), according to them, does not establish the full dower nor does it necessitate the waiting period (iddah).

A divorce initiated by the husband or his agent after the court's divorce does not take effect because there is no longer a marital bond. You are not permitted to deviate from what the court has ruled. You are only entitled to half of the dower according to the Maliki and Shafi'i schools because it is not fully established except through consummation. You are entitled to maintenance for the period of the husband's absence if he was able to enjoy conjugal relations and you did not refuse; otherwise, you are not entitled to maintenance. Filing a divorce lawsuit does not negate your right to half of the dower and maintenance if their entitlement is proven.